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March 2019

Ex-parte Decree—Setting aside of—Separate Suit is maintainable to challenge an ex-parte decree but the same can only be allowed if the court comes to a conclusion that previous ex-parte decree was result of fraud

By | March 15th, 2019|Exparte Decree|

Comments Off on Ex-parte Decree—Setting aside of—Separate Suit is maintainable to challenge an ex-parte decree but the same can only be allowed if the court comes to a conclusion that previous ex-parte decree was result of fraud

Temporary Injunction- Application under O.39 R.I and R.2 not to be dismissed on ground of lack of jurisdiction in absence of any application by defendants for rejection/return of plaint under O.7 R.11 or R.7 R.10 CPC on this ground—Question of jurisdiction requires leading of evidence at an appropriate stage—Order dismissing the application set aside.              

By | March 14th, 2019|Injunction|

Comments Off on Temporary Injunction- Application under O.39 R.I and R.2 not to be dismissed on ground of lack of jurisdiction in absence of any application by defendants for rejection/return of plaint under O.7 R.11 or R.7 R.10 CPC on this ground—Question of jurisdiction requires leading of evidence at an appropriate stage—Order dismissing the application set aside.              

Cheating—Quashing—Locus Standi to file complaint-Fraudulently selling of property by the petitioners-Complainant is complete stranger to entire exercise adopted by petitioners-Complainant is not even effected with any of the transactions by the petitioners-Therefore, complainant has no locus standi to lodge impugned FIR Aggrieved  party of alleged illegal act has no objection to such an act—FIR quashed

By | March 14th, 2019|Quashing|

Comments Off on Cheating—Quashing—Locus Standi to file complaint-Fraudulently selling of property by the petitioners-Complainant is complete stranger to entire exercise adopted by petitioners-Complainant is not even effected with any of the transactions by the petitioners-Therefore, complainant has no locus standi to lodge impugned FIR Aggrieved  party of alleged illegal act has no objection to such an act—FIR quashed

Outraging modesty of woman-Anticipatory Bail-Complainant alleged that she used to receive unsolicited calls from mobile phone and sender used to harass her repeatedly—Held; from the messages screened during investigation nothing indecent or obscene had come out-Bail granted-

By | March 13th, 2019|Anticipatory Bail|

Comments Off on Outraging modesty of woman-Anticipatory Bail-Complainant alleged that she used to receive unsolicited calls from mobile phone and sender used to harass her repeatedly—Held; from the messages screened during investigation nothing indecent or obscene had come out-Bail granted-

Abetment to Suicide-Dowry Death–Anticipatory Bail-Addition of Charge-Petitioner already on bail for offence u/ s 306 IPC-Prosecution has moved an application for addition of charge u/s 304-B IPC which is yet to be decided-Held; to sub-serve ends of justice directions issued to trial court that in case of addition of offence u/s 304-B IPC petitioner be released on bail

By | March 10th, 2019|Anticipatory Bail|

Comments Off on Abetment to Suicide-Dowry Death–Anticipatory Bail-Addition of Charge-Petitioner already on bail for offence u/ s 306 IPC-Prosecution has moved an application for addition of charge u/s 304-B IPC which is yet to be decided-Held; to sub-serve ends of justice directions issued to trial court that in case of addition of offence u/s 304-B IPC petitioner be released on bail

Commission of Inquiry—Bhupinder Singh Hooda case—Grant of commercial license for development of land—Commission did not issued mandatory notice under section 8-B of the Act—Report held to be null and void. Commission of Inquiry—Opportunity of being heard—Wherever the conclusion of the report effects the reputation of a delinquent person, the said person is mandatorily required to be served with notice under S.8-B—Non serving of such notice would make the report of commission null and void.

By | March 10th, 2019|Constitution of India|

Comments Off on Commission of Inquiry—Bhupinder Singh Hooda case—Grant of commercial license for development of land—Commission did not issued mandatory notice under section 8-B of the Act—Report held to be null and void. Commission of Inquiry—Opportunity of being heard—Wherever the conclusion of the report effects the reputation of a delinquent person, the said person is mandatorily required to be served with notice under S.8-B—Non serving of such notice would make the report of commission null and void.

Eviction—Impairment of value and utility of building—Impairment is to be perceived from view point of landlord and not of tenant.

By | March 10th, 2019|Punjab Rent Act|

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Suit for ownership—Once the original sale deed has been produced and has come on record, the court cannot refuse to look into said document in favour of the plaintiff merely because it has been produced by the defendant

By | March 9th, 2019|Specific Relief Act|

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Transfer of Property Act, 1881, S.45-Joint Property-Extent of Share- Shares of the purchaser are to be determined by the proportion of sale amount respectively contributed by them and/or as mentioned in sale deed- -Mere mention of having equal shares in subsequently and accordingly executed documents like Will, mortgage and gift deed would be of no consequence

By | March 9th, 2019|Transfer of Property Act|

Comments Off on Transfer of Property Act, 1881, S.45-Joint Property-Extent of Share- Shares of the purchaser are to be determined by the proportion of sale amount respectively contributed by them and/or as mentioned in sale deed- -Mere mention of having equal shares in subsequently and accordingly executed documents like Will, mortgage and gift deed would be of no consequence

Recalling of Witness—Merely because the case of a party is not covered under Section 138 of Evidence Act, would not be any ground to debar such a party or witness to move an application under Section 311 Cr.P.C Re-examination of Witness—Scope of—Section 138 of Evidence Act can be freely used by the witness or party for re-examination irrespective of the permission of the Court, subject to the scope of reexamination prescribed by this Section Re-examination of Witness—Filling up the lacuna—Application under Section 311 Cr.P.C. cannot be declined by the trial Court even if the same is, allegedly, intended to fill-up the lacuna left in the case of the prosecution

By | March 9th, 2019|Recalling of witness|

Comments Off on Recalling of Witness—Merely because the case of a party is not covered under Section 138 of Evidence Act, would not be any ground to debar such a party or witness to move an application under Section 311 Cr.P.C Re-examination of Witness—Scope of—Section 138 of Evidence Act can be freely used by the witness or party for re-examination irrespective of the permission of the Court, subject to the scope of reexamination prescribed by this Section Re-examination of Witness—Filling up the lacuna—Application under Section 311 Cr.P.C. cannot be declined by the trial Court even if the same is, allegedly, intended to fill-up the lacuna left in the case of the prosecution

Dishonour of Cheque—Comparison of Writing—There is no embargo for the holder of the cheque to fill up its body, in case, blank cheque is handed-over to him by a person to discharge his liability with instructions to fill it at appropriate time

By | March 9th, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque—Comparison of Writing—There is no embargo for the holder of the cheque to fill up its body, in case, blank cheque is handed-over to him by a person to discharge his liability with instructions to fill it at appropriate time

DNA Test—Will—Suspicious Circumstances—No harm and prejudice would be caused in case the DNA test of beneficiary/claimant is permitted to be conducted

By | March 9th, 2019|Will|

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Succession Act, 1963, S.63–Will–Proof of Execution-Even if both the attesting witnesses have not been examined or not available, examination of the concerned officials of the Registrar, is the sufficient requirement of law

By | March 9th, 2019|Will|

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Hindu Undivided Family—Once the property has been divided and transferred in the individual names off the members, the co-parcenary cease to exists

By | March 8th, 2019|Hindu Succession|

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Town Improvement—Alteration of Scheme after sanction—In a developed colony land reserved for community centre cannot be utilized for building residential flats and shops to generate funds for Improvement Trust because such alteration is not in public interest.

By | March 8th, 2019|Punjab Town Improvement Act|

Comments Off on Town Improvement—Alteration of Scheme after sanction—In a developed colony land reserved for community centre cannot be utilized for building residential flats and shops to generate funds for Improvement Trust because such alteration is not in public interest.

Release of Vehicle—Superdari—NDPS- -Vehicle in dispute is in possession of police from last 2 years—Vehicles may out live its utility on account of its lying part without any use—Vehicle directed to be released on adequate surety bonds

By | March 8th, 2019|Superdari|

Comments Off on Release of Vehicle—Superdari—NDPS- -Vehicle in dispute is in possession of police from last 2 years—Vehicles may out live its utility on account of its lying part without any use—Vehicle directed to be released on adequate surety bonds

Accident—Insurance—Deceased was son of owner—Deceased had borrowed the vehicle—Fell down while driving due to mechanical defect in vehicle—Personal Accident Cover of owner of vehicle would not cover the borrower of vehicle—Claim petition rightly dismissed

By | March 8th, 2019|Claim Petition|

Comments Off on Accident—Insurance—Deceased was son of owner—Deceased had borrowed the vehicle—Fell down while driving due to mechanical defect in vehicle—Personal Accident Cover of owner of vehicle would not cover the borrower of vehicle—Claim petition rightly dismissed