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November 2018

Abatement of Suit—Death of sole defendant—Suit does not abate against the deceased defendant even if no application is made for impleadment of Legal Representatives and decree passed against the deceased-defendant would be deemed to have been passed before he died.

By | November 12th, 2018|Jurisdiction - Civil Court|

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Indian Penal Code, 1860, S.279 and S.304-A–Rash & Negligent Driving-Death by Negligence-Reduction in Sentence—Contention that family of deceased has already been duly compensated by MACT; petitioner is facing agony of trial from last 5 years; he is first time offender and his son his suffering from 90% disability—Sentence of two years reduced to already undergone of 1 year 2 months and 29 days including remission

By | November 12th, 2018|Reduction in Sentence|

Comments Off on Indian Penal Code, 1860, S.279 and S.304-A–Rash & Negligent Driving-Death by Negligence-Reduction in Sentence—Contention that family of deceased has already been duly compensated by MACT; petitioner is facing agony of trial from last 5 years; he is first time offender and his son his suffering from 90% disability—Sentence of two years reduced to already undergone of 1 year 2 months and 29 days including remission

Unlicensed Weapon-Recovery of a country made .315 bore pistol alongwith one live cartridge—Contention that petitioner is a poor person and facing agony of trial from last 16 years—Sentence of 1 year reduced to already undergone of 3 months and 10 days.  

By | November 10th, 2018|Reduction in Sentence|

Comments Off on Unlicensed Weapon-Recovery of a country made .315 bore pistol alongwith one live cartridge—Contention that petitioner is a poor person and facing agony of trial from last 16 years—Sentence of 1 year reduced to already undergone of 3 months and 10 days.  

Criminal Breach of Trust-Reduction in Sentence—Petitioner had unauthorizedly withdrawn amount from provident fund account of complainant-Petitioner is lady aged 60 years; is first time offender and facing agony of trial since 2009-Sentence of 2 years reduced to period already undergone of 3 months and 24 days including remission

By | November 10th, 2018|Reduction in Sentence|

Comments Off on Criminal Breach of Trust-Reduction in Sentence—Petitioner had unauthorizedly withdrawn amount from provident fund account of complainant-Petitioner is lady aged 60 years; is first time offender and facing agony of trial since 2009-Sentence of 2 years reduced to period already undergone of 3 months and 24 days including remission

House Tresspass—Reduction in Sentence-­Taking into account the protracted trial, antecedents of the petitioner coupled with the fact that the petitioner is not found involved in any other case and there is a scope for his reformation sentence of one year reduced to already under gone-Criminal Procedure Code, 1973, S.482.

By | November 10th, 2018|Reduction in Sentence|

Comments Off on House Tresspass—Reduction in Sentence-­Taking into account the protracted trial, antecedents of the petitioner coupled with the fact that the petitioner is not found involved in any other case and there is a scope for his reformation sentence of one year reduced to already under gone-Criminal Procedure Code, 1973, S.482.

Negotiable Instruments Act, 1881, S. 138—Dishonour of Cheque- Compounding of Offence—Imposition of cost as suggested in Damodar S. Prabhu’s case by the competent court is a matter of discretion-Court can reduce the costs with regard to specific facts and circumstances of a case while recording reasons in writing for such variance.

By | November 10th, 2018|Cheque Bounce|

Comments Off on Negotiable Instruments Act, 1881, S. 138—Dishonour of Cheque- Compounding of Offence—Imposition of cost as suggested in Damodar S. Prabhu’s case by the competent court is a matter of discretion-Court can reduce the costs with regard to specific facts and circumstances of a case while recording reasons in writing for such variance.

Indian Penal Code, 1860, S.279–Rash & Negligent Driving-Reduction in Sentence-Keeping in view antecedents of petitioner and fact that he has been facing the agony of protracted trial from last 4 years; sentence of 2 years reduced to already undergone of 7 months and 13 days

By | November 10th, 2018|Reduction in Sentence|

Comments Off on Indian Penal Code, 1860, S.279–Rash & Negligent Driving-Reduction in Sentence-Keeping in view antecedents of petitioner and fact that he has been facing the agony of protracted trial from last 4 years; sentence of 2 years reduced to already undergone of 7 months and 13 days

Indian Penal Code, 1860, S.324~Grievous Hurt-Double Jeopardy-Respondents were sentenced to pay a fine of Rs. 1,0007- each under Section 323 read with Section 34 IPC and further to pay a fine of Rs. 2,000/- each under Section 324 read with Section 34 IPC-Thus, accused have been sentenced to pay a fine of Rs. 1000/- each thrice which is patently illegal-Held; As enshrined in Article 20(2), a person cannot be punished for the same offence more than once for same offence—Impugned order set aside

By | November 10th, 2018|Grievous Hurt|

Comments Off on Indian Penal Code, 1860, S.324~Grievous Hurt-Double Jeopardy-Respondents were sentenced to pay a fine of Rs. 1,0007- each under Section 323 read with Section 34 IPC and further to pay a fine of Rs. 2,000/- each under Section 324 read with Section 34 IPC-Thus, accused have been sentenced to pay a fine of Rs. 1000/- each thrice which is patently illegal-Held; As enshrined in Article 20(2), a person cannot be punished for the same offence more than once for same offence—Impugned order set aside

Liquor Ban— Municipal Areas— Directions issued that no liquor vend outside the limits of the towns, cities and villages but falling in the municipal areas on the Highways should be allowed to operate without compliance of applicable rules Liquor Ban—State has the power to completely prohibit the manufacture, sale, possession, distribution and consumption of potable liquor as a beverage

By | November 10th, 2018|Constitution of India|

Comments Off on Liquor Ban— Municipal Areas— Directions issued that no liquor vend outside the limits of the towns, cities and villages but falling in the municipal areas on the Highways should be allowed to operate without compliance of applicable rules Liquor Ban—State has the power to completely prohibit the manufacture, sale, possession, distribution and consumption of potable liquor as a beverage

IMP ::: Liquor Sale—Excise Policy—Directions issued to States of Punjab and Haryana to make it obligatory for the liquor vends to issue computerised Invoices for all the retail sales irrespective of amount effected by them from their vends. Judicial Review—Policy Decision—When any State policy which is contrary to public interest or is violative of the constitutional principles, it is the duty of the court to exercise its jurisdiction and reject the stock plea that the scope of judicial review should not be exceeded beyond the recognised parameters.

By | November 10th, 2018|Constitution of India|

Comments Off on IMP ::: Liquor Sale—Excise Policy—Directions issued to States of Punjab and Haryana to make it obligatory for the liquor vends to issue computerised Invoices for all the retail sales irrespective of amount effected by them from their vends. Judicial Review—Policy Decision—When any State policy which is contrary to public interest or is violative of the constitutional principles, it is the duty of the court to exercise its jurisdiction and reject the stock plea that the scope of judicial review should not be exceeded beyond the recognised parameters.

Dishonour of Cheque—Notice—Legal notice issued to the accused was neither signed by the complainant nor by his counsel, therefore, that is not a valid legal notice—Accused acquitted.

By | November 10th, 2018|Acquittal|

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Dishonour of Cheque—Rebuttable Presumption—The presumption under Section 139 of the NIAct can be rebutted by raising probable defence.

By | November 10th, 2018|Cheque Bounce|

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Indian Penal Code, 1860, S.406 and S.420–Cheating-Bail~Selling of fake gold jewelry—Only three witnesses have examined in last two years—Bail granted- -Criminal Procedure Code, 1973, S.439.     

By | November 9th, 2018|Bail|

Comments Off on Indian Penal Code, 1860, S.406 and S.420–Cheating-Bail~Selling of fake gold jewelry—Only three witnesses have examined in last two years—Bail granted- -Criminal Procedure Code, 1973, S.439.     

Abortion—Rape Victim—28 weeks of Pregnancy—Permission declined keeping in view risk to life of girl—State directed to bear all the expenses

By | November 3rd, 2018|Constitution of India|

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Accident–Income–Semi skilled worker-It would not be essential for a person to possess a diploma or technical qualification to take upon the work as a plumber-Such minimum wages can only serve as a guideline—In present case deceased was working as plumber for last 7-8 years—Income taken as Rs. 7000/- p.m.—Total Compensation of Rs. 11 lakhs awarded

By | November 3rd, 2018|Income|

Comments Off on Accident–Income–Semi skilled worker-It would not be essential for a person to possess a diploma or technical qualification to take upon the work as a plumber-Such minimum wages can only serve as a guideline—In present case deceased was working as plumber for last 7-8 years—Income taken as Rs. 7000/- p.m.—Total Compensation of Rs. 11 lakhs awarded

Eviction—Personal Necessity—Merely because the son of the landlord was at time of filing petition is working in another city could not lead to conclusion that he was permanently settled there and would not come back if shop was vacated.

By | November 3rd, 2018|Punjab Rent Act|

Comments Off on Eviction—Personal Necessity—Merely because the son of the landlord was at time of filing petition is working in another city could not lead to conclusion that he was permanently settled there and would not come back if shop was vacated.

October 2018

Additional Evidence at appellate stage—Before taking into consideration the additional piece of evidence opportunity to opposite party has to be given to file any rebuttal evidence to counter the additional evidence adduced by the party.

By | October 24th, 2018|Additional Evidence|

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Injunction—Disobedience of Order—Court ought to have exercised inherent powers in providing police assistance to restore the possession and should not relegate the party to avail the remedy under S.6 of Specific Relief Act,

By | October 22nd, 2018|Injunction|

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Specific Relief Act, 1963, S.34–Suit for Recovery-Pronote-Limitation–New pronote or second pronote was in continuation of previous pronote–Once a partial payment was made and new pronote was executed for the remaining amount, the limitation cannot be counted from previous pronote

By | October 22nd, 2018|Limitation Act|

Comments Off on Specific Relief Act, 1963, S.34–Suit for Recovery-Pronote-Limitation–New pronote or second pronote was in continuation of previous pronote–Once a partial payment was made and new pronote was executed for the remaining amount, the limitation cannot be counted from previous pronote