About phlaw

This author has not yet filled in any details.
So far phlaw has created 2905 blog entries.

August 2019

Narcotics—Personal Search—Where the recovery was “chance recovery” provisions S.50 NDPS Act was not required to be compiled with

By | August 19th, 2019|Narcotics|

Comments Off on Narcotics—Personal Search—Where the recovery was “chance recovery” provisions S.50 NDPS Act was not required to be compiled with

Parole—Temporary release of prisoner cannot be denied on mere apprehension that there would be danger to security of State and maintenance of public order

By | August 19th, 2019|Parole|

Comments Off on Parole—Temporary release of prisoner cannot be denied on mere apprehension that there would be danger to security of State and maintenance of public order

Parole-Direction in the order that “…the petitioner should not be released from prison before completion of actual term of twenty years…” cannot be understood as prohibiting the temporary release of the petitioner on a valid ground        

By | August 19th, 2019|Parole|

Comments Off on Parole-Direction in the order that “…the petitioner should not be released from prison before completion of actual term of twenty years…” cannot be understood as prohibiting the temporary release of the petitioner on a valid ground        

Parole- -Temporary release of petitioner to meet his family cannot be denied on the ground that the complainant party would be angry if the petitioner is released on furlough as this may disturb the peace of the village.

By | August 19th, 2019|Parole|

Comments Off on Parole- -Temporary release of petitioner to meet his family cannot be denied on the ground that the complainant party would be angry if the petitioner is released on furlough as this may disturb the peace of the village.

Public Street—A street carved out by a private colonizer while developing a residential colony would not be a private street exclusively for the use of the residents of the said colony and it would be a public street.

By | August 14th, 2019|Municipal Laws|

Comments Off on Public Street—A street carved out by a private colonizer while developing a residential colony would not be a private street exclusively for the use of the residents of the said colony and it would be a public street.

Specific Relief Act, 1963, S. 34—Suit for Recovery—Bahi Entry—Counter Claim—Before a suit for recovery on the basis of the account books is to be decreed, the counter claimant was required to satisfy the conscious of the Court that the account books (basis of claim) have been maintained in the regular course of business and are above suspicion

By | August 14th, 2019|Counter Claim|

Comments Off on Specific Relief Act, 1963, S. 34—Suit for Recovery—Bahi Entry—Counter Claim—Before a suit for recovery on the basis of the account books is to be decreed, the counter claimant was required to satisfy the conscious of the Court that the account books (basis of claim) have been maintained in the regular course of business and are above suspicion

Guarantor’s Liability—Surety in a contract cannot be absolved of the liability only on the ground that the Government did not take action against the principal debtor swiftly 

By | August 14th, 2019|Contract Act|

Comments Off on Guarantor’s Liability—Surety in a contract cannot be absolved of the liability only on the ground that the Government did not take action against the principal debtor swiftly 

Specific Relief—Suit for Ownership—Courts must make sincere attempt to lift the veil and expose the sinister design even in civil litigation.

By | August 14th, 2019|Specific Relief Act|

Comments Off on Specific Relief—Suit for Ownership—Courts must make sincere attempt to lift the veil and expose the sinister design even in civil litigation.

Parole—Emergency Parole—Where father or mother Is seriously ill. Parole not to be denied on ground that petitioner has committed Jail offence and therefore cannot be released before one year to such offence

By | August 12th, 2019|Parole|

Comments Off on Parole—Emergency Parole—Where father or mother Is seriously ill. Parole not to be denied on ground that petitioner has committed Jail offence and therefore cannot be released before one year to such offence

Bail—Heavy Recovery—NDPS— Recovery of 25 injections of Buprenorphine and 25 injections of Pheniramine Maleate(Avil)— Admittedly the quantity of prohibited substance only, is less than commercial quantity—Bail granted

By | August 12th, 2019|Bail|

Comments Off on Bail—Heavy Recovery—NDPS— Recovery of 25 injections of Buprenorphine and 25 injections of Pheniramine Maleate(Avil)— Admittedly the quantity of prohibited substance only, is less than commercial quantity—Bail granted

Complainant cross examination – the present petition is disposed of with a direction that the accused shall be granted one last opportunity to cross-examine the complainant/witness on the next date of hearing fixed before the trial Court i.e. 27.11.2018, subject to payment of Rs.5,000/- as costs, to be paid to the complainant.

By | August 12th, 2019|Cheque Bounce|

Comments Off on Complainant cross examination – the present petition is disposed of with a direction that the accused shall be granted one last opportunity to cross-examine the complainant/witness on the next date of hearing fixed before the trial Court i.e. 27.11.2018, subject to payment of Rs.5,000/- as costs, to be paid to the complainant.

Bail—Visa for going abroad—Allegation that petitioner neither arranged visa nor returned money— Submission that petitioner had referred complainant to some ‘R’ who had arranged visa and had also sent a guarantee letter for the visa but said person has not even been joined in the investigation by the police, despite having been specifically disclosed as the real culprit, by the petitioner—Without commenting on merits, bail granted

By | August 8th, 2019|Bail|

Comments Off on Bail—Visa for going abroad—Allegation that petitioner neither arranged visa nor returned money— Submission that petitioner had referred complainant to some ‘R’ who had arranged visa and had also sent a guarantee letter for the visa but said person has not even been joined in the investigation by the police, despite having been specifically disclosed as the real culprit, by the petitioner—Without commenting on merits, bail granted

Narcotics—Bail—Canter truck full of poppy husk recovered—Argument for the State that there is heavy recovery, therefore, the petitioner cannot possibly be falsely implicated; is totally irrelevant—Bail granted

By | August 8th, 2019|Bail|

Comments Off on Narcotics—Bail—Canter truck full of poppy husk recovered—Argument for the State that there is heavy recovery, therefore, the petitioner cannot possibly be falsely implicated; is totally irrelevant—Bail granted

Bail Granted —Commercial Quantity—NDPS—Recovery of 12 injections of Buprenarphine Hydrochloride and 13 injections of Pheniramine Maleate—Injections of Pheniramine Maleate are not prohibited substance under the NDPS Act—Actual quantity of the prohibited substance in the injections is less than the commercial quantity

By | August 8th, 2019|Bail|

Comments Off on Bail Granted —Commercial Quantity—NDPS—Recovery of 12 injections of Buprenarphine Hydrochloride and 13 injections of Pheniramine Maleate—Injections of Pheniramine Maleate are not prohibited substance under the NDPS Act—Actual quantity of the prohibited substance in the injections is less than the commercial quantity

Petitioner is in custody from last 6 months on mere oral version of complainant—Bail opposed as complainant and victim are yet to be examined and both the complainant as well as the petitioner are residing in same locality—Without commenting on merits, bail granted—Criminal Procedure Code, 1973, S.439—Prevention of Children from Sexual Offences Act, 2012, S.6.

By | August 8th, 2019|Bail|

Comments Off on Petitioner is in custody from last 6 months on mere oral version of complainant—Bail opposed as complainant and victim are yet to be examined and both the complainant as well as the petitioner are residing in same locality—Without commenting on merits, bail granted—Criminal Procedure Code, 1973, S.439—Prevention of Children from Sexual Offences Act, 2012, S.6.

Transfer of Property Act, 1881, S.55—Sale Deed—Non-payment of sale consideration—Sale deed without payment of sale consideration is not void— Sale consideration can be paid in past, present or future—Non-payment of the sale consideration would at the most be recoverable and would remain charge on the property sold/transferred

By | August 8th, 2019|Transfer of Property Act|

Comments Off on Transfer of Property Act, 1881, S.55—Sale Deed—Non-payment of sale consideration—Sale deed without payment of sale consideration is not void— Sale consideration can be paid in past, present or future—Non-payment of the sale consideration would at the most be recoverable and would remain charge on the property sold/transferred

Agreement to Sell—Grant of decree for specific performance is discretionary relief and the court is not boud to grant such relief merely because agreement to sell is proved Withdrawal of Suit—Compromise decree cannot be restricted to prayer made in the suit and it can be even beyond the subject matter of the suit

By | August 8th, 2019|Specific Performance|

Comments Off on Agreement to Sell—Grant of decree for specific performance is discretionary relief and the court is not boud to grant such relief merely because agreement to sell is proved Withdrawal of Suit—Compromise decree cannot be restricted to prayer made in the suit and it can be even beyond the subject matter of the suit

Acknowledgment of Debt—Once income tax deducted at source on the accrued interest is deposited by the defendant, it is also an acknowledgment of the amount payable Acknowledgment of Debt—Twin Requirement—It has to be before the expiration of the prescribed period of limitation for filing a suit or application and has to be in writing signed by the party against whom such property or right is claimed.

By | August 4th, 2019|Limitation Act|

Comments Off on Acknowledgment of Debt—Once income tax deducted at source on the accrued interest is deposited by the defendant, it is also an acknowledgment of the amount payable Acknowledgment of Debt—Twin Requirement—It has to be before the expiration of the prescribed period of limitation for filing a suit or application and has to be in writing signed by the party against whom such property or right is claimed.

Eviction—Attornment of Tenancy—Attornment by a tenant is not a condition precedent to create a relationship of landlord and tenant between the transferee landlord and the existing tenant in possession of the tenanted premises

By | August 4th, 2019|Punjab Rent Act|

Comments Off on Eviction—Attornment of Tenancy—Attornment by a tenant is not a condition precedent to create a relationship of landlord and tenant between the transferee landlord and the existing tenant in possession of the tenanted premises

Succession—Adoption—Even if the adoption is not proved, the Memorandum of Adoption can be treated as last wish (Testament/Will) of the testator/ owner.

By | August 4th, 2019|Will|

Comments Off on Succession—Adoption—Even if the adoption is not proved, the Memorandum of Adoption can be treated as last wish (Testament/Will) of the testator/ owner.