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June 2019

Rejection of Plaint—Rejection does not preclude presentation of fresh suit if the first one is rejected on any of the grounds given in 0.7 R.ll CPC Forcible Dispossession—It does not necessarily mean physical removal by manhandling—Dispossession stands proved once it is shown that the occupant of the suit property was not allowed to enter it by any means

By | June 22nd, 2019|Specific Relief Act|

Comments Off on Rejection of Plaint—Rejection does not preclude presentation of fresh suit if the first one is rejected on any of the grounds given in 0.7 R.ll CPC Forcible Dispossession—It does not necessarily mean physical removal by manhandling—Dispossession stands proved once it is shown that the occupant of the suit property was not allowed to enter it by any means

Acciden t—License – -Driver holding a license for Heavy Transport Vehicle is automatically authorized to Light Motor Vehicle(LMV) also

By | June 22nd, 2019|Driving License|

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Accident—Income of Deceased—Straightway 30% cannot be deducted from the income of the deceased as income-tax—Slabs of income tax are to be considered

By | June 22nd, 2019|Income|

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Accident—Income of deceased—Deceased was working as Munim/Clerk with a Trading Company—In absence of any proof of income; his income is to be assessed as that of minimum wages of semi-skilled labourer—Income of deceased assessed as Rs. 8100/-per month. 

By | June 22nd, 2019|Income|

Comments Off on Accident—Income of deceased—Deceased was working as Munim/Clerk with a Trading Company—In absence of any proof of income; his income is to be assessed as that of minimum wages of semi-skilled labourer—Income of deceased assessed as Rs. 8100/-per month. 

Accident—future Prospects—Deceased was student—Professional course being pursued by the deceased and as to what would be the income if the deceased would have joined the service, has to be taken Into consideration

By | June 22nd, 2019|Future Prospects|

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Accident-Interest on Compensation- Conditional order of Tribunal directing that in case the compensation amount if not made within three months, the claimants shall be entitled interest; set aside—Claimant held entitled to interest on entire amount of compensation from date of filing of the claim petition till realisation of the amount 

By | June 22nd, 2019|Claim Petition|

Comments Off on Accident-Interest on Compensation- Conditional order of Tribunal directing that in case the compensation amount if not made within three months, the claimants shall be entitled interest; set aside—Claimant held entitled to interest on entire amount of compensation from date of filing of the claim petition till realisation of the amount 

Will–Suspicious Circumstances- Once a Will is duly proved in terms of Sections 63 and 68 of Evidence Act it cannot be rejected on mere conjectures, presumptions or suspicious circumstances.

By | June 22nd, 2019|Will|

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Maintenance—Cruelty to Wife—Even if there is no proof of alleged cruelty; husband is liable to provide maintenance to wife and child Maintenance—Income of Wife—Even if wife is earning some amount, what she is entitled to enjoy is the status of life her husband is maintaining himself

By | June 21st, 2019|Maintenance|

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Anticipatory Bail–NDPS~Habitual Offender—Petitioner was involved in two other cases under NDPS Act—No recovery was made from petitioner and he was only named in disclosure statement by co-accused—Bail granted

By | June 21st, 2019|Bail - Narcotics|

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Setting aside of– Divorce decree-Wife was served with the publication in the newspaper namely The Tribune, Chandigarh Edition but the said newspaper was not having any circulation in the State of Uttrakhand

By | June 19th, 2019|Exparte Decree|

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Dishonour of Cheque- Dismissal in default–On a single default of the applicant or his counsel, dismissal of complaint is a very harsh step – Order set aside

By | June 19th, 2019|Cheque Bounce|

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Dishonour of Cheque—Third party cheque—’Cheque issued by partner in his individual capacity—Complaint not maintainable against firm or other partner

By | June 19th, 2019|Cheque Bounce|

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Dishonour of Cheque—Evidence of other case—Evidence in other case led amongst the parties could not be read in present case- Order of Trial Court dismissing the present complaint by considering the cross-examination of applicant in other complaint filed against other person set aside

By | June 19th, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque—Evidence of other case—Evidence in other case led amongst the parties could not be read in present case- Order of Trial Court dismissing the present complaint by considering the cross-examination of applicant in other complaint filed against other person set aside

Will—Suspicious Circumstances—Manual photograph instead of photo from web-camera-When the date of execution as well as registration of the Will happens to be identical and even the executants had specially gone to District Head Quarters for the same purpose on that very date, the omission by way of Web-Photographing of the executant and witnesses in the Sub-Registrar’s Office as in normal course, actually renders the said Will to be a very suspicious document-Will discarded.

By | June 19th, 2019|Will|

Comments Off on Will—Suspicious Circumstances—Manual photograph instead of photo from web-camera-When the date of execution as well as registration of the Will happens to be identical and even the executants had specially gone to District Head Quarters for the same purpose on that very date, the omission by way of Web-Photographing of the executant and witnesses in the Sub-Registrar’s Office as in normal course, actually renders the said Will to be a very suspicious document-Will discarded.

Motor Vehicles Act, 1988, S.166–Accident–Multiplier~Multiplier has to be applied with reference to age of deceased and not of the claimants.

By | June 12th, 2019|Multiplier|

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Narcotics—Directions issued to register cases under Money Laundering Act> against all the convicts, who are convicted under NDPS Act, throughout the State of Punjab within a period of three months from today to curb the illegal transportation of narcotic drugs and psychotropic substances and also to prevent money laundering. Narcotics—Directions issued to register case under S.27-A NDPS Act who are involved in financing, directly or indirectly in any of the activities specified under the Act or harbours any person engaged in any of the activities as per the Act, to reduce the menace of drugs abuse in the society, immediately Narcotics—To eradicate the menace of drugs in State of Punjab, certain mandatory directions issued and also directed to strictly enforce Section 71 of the NDPS Act

By | June 12th, 2019|Narcotics|

Comments Off on Narcotics—Directions issued to register cases under Money Laundering Act> against all the convicts, who are convicted under NDPS Act, throughout the State of Punjab within a period of three months from today to curb the illegal transportation of narcotic drugs and psychotropic substances and also to prevent money laundering. Narcotics—Directions issued to register case under S.27-A NDPS Act who are involved in financing, directly or indirectly in any of the activities specified under the Act or harbours any person engaged in any of the activities as per the Act, to reduce the menace of drugs abuse in the society, immediately Narcotics—To eradicate the menace of drugs in State of Punjab, certain mandatory directions issued and also directed to strictly enforce Section 71 of the NDPS Act

Mere oral assertion that owner died in 1945 i.e. prior to coming into force of Act of 1956 cannot be accepted~If the age of plaintiff witnesses is considered then they cannot have personal knowledge about factum of death in the year 1945, therefore, their testimony cannot be looked into for this purpose- Plaintiff failed to discharge the burden of proving his case—Property to be inherited as per S.9 equally among class-II heirs.    

By | June 12th, 2019|Succession Act|

Comments Off on Mere oral assertion that owner died in 1945 i.e. prior to coming into force of Act of 1956 cannot be accepted~If the age of plaintiff witnesses is considered then they cannot have personal knowledge about factum of death in the year 1945, therefore, their testimony cannot be looked into for this purpose- Plaintiff failed to discharge the burden of proving his case—Property to be inherited as per S.9 equally among class-II heirs.    

IMP ::: Accident—Income of Housewife—Notional Income of deceased house wife can be assessed as one-third of the salary of her husband

By | June 12th, 2019|Income|

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