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October 2018

Public Premises—Department, who is not the owner, could not have initiated the eviction proceedings. Public Premises—in absence of violation of terms and conditions of allotment, there was no occasion for the department to cancel the allotment.

By | October 22nd, 2018|Jurisdiction - Civil Court|

Comments Off on Public Premises—Department, who is not the owner, could not have initiated the eviction proceedings. Public Premises—in absence of violation of terms and conditions of allotment, there was no occasion for the department to cancel the allotment.

Succession—After partition of the Joint Hindu Family property amongst the family members, property becomes self acquired property of holder thereafter. Specific Performance-A Karta of the joint Hindu family has a right to sell the property for legal necessity. Once a Karta enters into an agreement to sell, he cannot be allowed to avoid specific performance thereof on the ground that the property is a joint Hindu family property

By | October 15th, 2018|Succession Act|

Comments Off on Succession—After partition of the Joint Hindu Family property amongst the family members, property becomes self acquired property of holder thereafter. Specific Performance-A Karta of the joint Hindu family has a right to sell the property for legal necessity. Once a Karta enters into an agreement to sell, he cannot be allowed to avoid specific performance thereof on the ground that the property is a joint Hindu family property

Resjudicata—Previous writ which was dismissed with single word, by a non-speaking order would not operate as constructive resjudicata.

By | October 15th, 2018|Res judicata|

Comments Off on Resjudicata—Previous writ which was dismissed with single word, by a non-speaking order would not operate as constructive resjudicata.

Punjab Village Common Land (Regulations) Act, 1961, S.13-Jurisdiction of Civil Court—Vesting of land—Claim of Possession—Suit instituted whether the land could vest in Gram Panchayat or not prior to the enactment of the Act would be decided by Civil Court

By | October 15th, 2018|Jurisdiction - Civil Court|

Comments Off on Punjab Village Common Land (Regulations) Act, 1961, S.13-Jurisdiction of Civil Court—Vesting of land—Claim of Possession—Suit instituted whether the land could vest in Gram Panchayat or not prior to the enactment of the Act would be decided by Civil Court

Land Revenue—Sanction of Mutation—Merely because the mutation of the sale-deed of agricultural land was not sanctioned in the revenue record, the rights of a vendee in the sale-deed and his successor would not evaporate.

By | October 15th, 2018|Jurisdiction - Civil Court|

Comments Off on Land Revenue—Sanction of Mutation—Merely because the mutation of the sale-deed of agricultural land was not sanctioned in the revenue record, the rights of a vendee in the sale-deed and his successor would not evaporate.

Divorce—Mental Cruelty—Conduct of husband has to be measured in context of view point of wife i.e. as to how conduct of husband would affect the wife.

By | October 15th, 2018|Mental Cruelty|

Comments Off on Divorce—Mental Cruelty—Conduct of husband has to be measured in context of view point of wife i.e. as to how conduct of husband would affect the wife.

Bail–NDPS- Recovery of 2.5 kgs of intoxicant powder, 95 intoxicant injections of each 2 mis and 50 vials without label without any permit or licence-Contention that out of 9 witnesses only 3 have been examined and there is no other similar case-Bail granted

By | October 10th, 2018|Bail - Narcotics|

Comments Off on Bail–NDPS- Recovery of 2.5 kgs of intoxicant powder, 95 intoxicant injections of each 2 mis and 50 vials without label without any permit or licence-Contention that out of 9 witnesses only 3 have been examined and there is no other similar case-Bail granted

Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, S.3—Parole— Pregnancy of Wife-Accused is in custody from more than 2 years and appeal against his conviction is pending-It is case of high risk pregnancy– Parole of 6 weeks granted

By | October 10th, 2018|Parole|

Comments Off on Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, S.3—Parole— Pregnancy of Wife-Accused is in custody from more than 2 years and appeal against his conviction is pending-It is case of high risk pregnancy– Parole of 6 weeks granted

Electricity Act, 2003, S.127–Unauthorised use of Electricity—Appeal—Demand Notice-Permanent Lok Adalat for Public Utility Service has no jurisdiction to adjudicate/decide the suit after failure of conciliation; in wake of right of appeal available to consumer-Legal Services Authorities Act, 1987, S.22-C

By | October 8th, 2018|Electricity Act|

Comments Off on Electricity Act, 2003, S.127–Unauthorised use of Electricity—Appeal—Demand Notice-Permanent Lok Adalat for Public Utility Service has no jurisdiction to adjudicate/decide the suit after failure of conciliation; in wake of right of appeal available to consumer-Legal Services Authorities Act, 1987, S.22-C

Kidnapping for Ransom-Murder-Acquittal-There is no material attribution to appellant (co-accused) at the time of murder or calling for ransom-Salary slip belonging to father of deceased was recovered from the house of appellant-Held; Only this circumstance is insufficient to connect appellant with the crime beyond doubt

By | October 8th, 2018|Acquittal|

Comments Off on Kidnapping for Ransom-Murder-Acquittal-There is no material attribution to appellant (co-accused) at the time of murder or calling for ransom-Salary slip belonging to father of deceased was recovered from the house of appellant-Held; Only this circumstance is insufficient to connect appellant with the crime beyond doubt

Murder–Gunshot Injury-Acquittal-Mere recovery of pistol and the matching of bullet cannot be enough to convict the person for offence of murder, when there is absolutely no evidence to show as to who fired the bullet from the pistol and at whom it was fired-Accused acquitted.

By | October 8th, 2018|Acquittal|

Comments Off on Murder–Gunshot Injury-Acquittal-Mere recovery of pistol and the matching of bullet cannot be enough to convict the person for offence of murder, when there is absolutely no evidence to show as to who fired the bullet from the pistol and at whom it was fired-Accused acquitted.

Disclosure Statement—Relatives of deceased themselves recovered dead body on basis of extra judicial confession by accused under pressure—Police was informed thereafter—Such recovery cannot be held as recovery on disclosure statement of accused.

By | October 8th, 2018|Evidence - Criminal Cases|

Comments Off on Disclosure Statement—Relatives of deceased themselves recovered dead body on basis of extra judicial confession by accused under pressure—Police was informed thereafter—Such recovery cannot be held as recovery on disclosure statement of accused.

Parole—Overriding Effect—Prisoner is entitled for parole for the reasons given under the Act—Rider put the Rules cannot have an over-riding effect over the provisions of the Act.

By | October 3rd, 2018|Parole|

Comments Off on Parole—Overriding Effect—Prisoner is entitled for parole for the reasons given under the Act—Rider put the Rules cannot have an over-riding effect over the provisions of the Act.

Res judicata-Agreement to Sell- -Injunction–Once the relief has been sought in the previous suit and the same has been declined and the matter is already sub judice, the second suit claiming simple injunction on the basis of same agreement to sell is barred by the principal of res judicata

By | October 3rd, 2018|Res judicata|

Comments Off on Res judicata-Agreement to Sell- -Injunction–Once the relief has been sought in the previous suit and the same has been declined and the matter is already sub judice, the second suit claiming simple injunction on the basis of same agreement to sell is barred by the principal of res judicata

Penalty on Surety-Absence of accused-­ One of the accused was in custody on relevant date and other was already arrested and had surrendered before trial court-Presence of accused was beyond control of sureties-Impugned order imposing penalties on securities set aside.                                 .                                             

By | October 3rd, 2018|Evidence - Criminal Cases|

Comments Off on Penalty on Surety-Absence of accused-­ One of the accused was in custody on relevant date and other was already arrested and had surrendered before trial court-Presence of accused was beyond control of sureties-Impugned order imposing penalties on securities set aside.                                 .                                             

Attempt to Murder—Gunshot Injuries—Bail—Gunshots were fired on the non-vital parts of the body, i.e., shoulder and arm of                                         the victim-Bail granted Criminal Procedure Code, 1973, S.439. 

By | October 3rd, 2018|Bail|

Comments Off on Attempt to Murder—Gunshot Injuries—Bail—Gunshots were fired on the non-vital parts of the body, i.e., shoulder and arm of                                         the victim-Bail granted Criminal Procedure Code, 1973, S.439. 

SARFAESI—Suit for Partition during pendency of proceedings under SARFAESI—Debt Recovery Tribunal has been empowered to decide the question of title and partition of the property.

By | October 3rd, 2018|Corporate cases|

Comments Off on SARFAESI—Suit for Partition during pendency of proceedings under SARFAESI—Debt Recovery Tribunal has been empowered to decide the question of title and partition of the property.

Eviction Petition—Co-owner can always maintain a suit for eviction even though he was not receiving rent. Eviction Petition—Owner of premises is competent to maintain petition without impleading the landlord.

By | October 1st, 2018|Punjab Rent Act|

Comments Off on Eviction Petition—Co-owner can always maintain a suit for eviction even though he was not receiving rent. Eviction Petition—Owner of premises is competent to maintain petition without impleading the landlord.

Civil Procedure Code, 1908, O.16 R.1–Production of Witnesses-Application under O.16 R.1-A CPC cannot be objected by the defendants—Filing of present revisions is delaying tactices; dismissed with costs. 

By | October 1st, 2018|Evidence - Civil|

Comments Off on Civil Procedure Code, 1908, O.16 R.1–Production of Witnesses-Application under O.16 R.1-A CPC cannot be objected by the defendants—Filing of present revisions is delaying tactices; dismissed with costs. 

Eviction—Mesne Profits—Premises taken on lease long back—Mesne profits payable by such tenant cannot be compared with the rent settled with tenants of adjoining or nearby shops. Eviction—Mesne Profits—Lease deeds produced by parties are only a guiding factor for the Court and are not to be blindly followed. Eviction—Mesne Profits—Lease deeds of banks—Not to be taken as exemplar because banks get many additional facilities while taking the premises on rent. Eviction—Mesne Profits—Escalation clause in the lease deed executed between the parties is adequate and reasonable factor to be considered while determining mesne profits.

By | October 1st, 2018|Punjab Rent Act|

Comments Off on Eviction—Mesne Profits—Premises taken on lease long back—Mesne profits payable by such tenant cannot be compared with the rent settled with tenants of adjoining or nearby shops. Eviction—Mesne Profits—Lease deeds produced by parties are only a guiding factor for the Court and are not to be blindly followed. Eviction—Mesne Profits—Lease deeds of banks—Not to be taken as exemplar because banks get many additional facilities while taking the premises on rent. Eviction—Mesne Profits—Escalation clause in the lease deed executed between the parties is adequate and reasonable factor to be considered while determining mesne profits.