About phlaw

This author has not yet filled in any details.
So far phlaw has created 2574 blog entries.

March 2019

Motor Vehicles Act, 1988, S. 166-Accident-Pain and Suffering–Injured was in hospital for 9 days and suffered multiple injuries—Total award of Rs. 25,000/ – is highly inadequate-Additional sum of Rs. 19,000/- awarded

By | March 6th, 2019|Claim Petition|

Comments Off on Motor Vehicles Act, 1988, S. 166-Accident-Pain and Suffering–Injured was in hospital for 9 days and suffered multiple injuries—Total award of Rs. 25,000/ – is highly inadequate-Additional sum of Rs. 19,000/- awarded

Appointment–Appointment of Lambardar by Collector considering merits of the candidates–High Court set aside the order in writ jurisdiction–Order of High Court not valid. Lambardar is not a Govt. servant.

By | March 5th, 2019|Lambardari|

Comments Off on Appointment–Appointment of Lambardar by Collector considering merits of the candidates–High Court set aside the order in writ jurisdiction–Order of High Court not valid. Lambardar is not a Govt. servant.

Eviction—NRI Landlord—Leave to Defend—Merely because one of the co-owner of the building had let out the premises and was accepting the rent; it would be mean that there has been partition among the co-owners.

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

Comments Off on Eviction—NRI Landlord—Leave to Defend—Merely because one of the co-owner of the building had let out the premises and was accepting the rent; it would be mean that there has been partition among the co-owners.

Accident—Deceased were children—Deceased were 8 years old boy and 6 years old girl—Compensation of Rs.5 lakhs each awarded with interest @7.5% p.a. from date of filing petition.

By | March 4th, 2019|Claim Petition|

Comments Off on Accident—Deceased were children—Deceased were 8 years old boy and 6 years old girl—Compensation of Rs.5 lakhs each awarded with interest @7.5% p.a. from date of filing petition.

East Punjab Urban Rent Restriction Act, 1949, S.13—Eviction—Personal Necessity—Husband of landlady is running his repair shop from a tenanted premises—Every owner is entitled to occupy his own building rather than continue to occupy the tenanted premises

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

Comments Off on East Punjab Urban Rent Restriction Act, 1949, S.13—Eviction—Personal Necessity—Husband of landlady is running his repair shop from a tenanted premises—Every owner is entitled to occupy his own building rather than continue to occupy the tenanted premises

Female Hindu died Intestate–On the death of a female Hindu having inherited the property from her father or mother or husband or her father-in-law in absence of her children or grand children, property would revert back to the father in case Clause (a) is applicable, to husband in case Clause (b) is applicable and it is the heirs of father or husband which has to be seen at the time of death of female Hindu.

By | March 4th, 2019|Hindu Succession|

Comments Off on Female Hindu died Intestate–On the death of a female Hindu having inherited the property from her father or mother or husband or her father-in-law in absence of her children or grand children, property would revert back to the father in case Clause (a) is applicable, to husband in case Clause (b) is applicable and it is the heirs of father or husband which has to be seen at the time of death of female Hindu.

Punjab Town Improvement (Utilization of Land and Allotment of Plots) Rules, 1983, Allotment of Plot—Displaced Persons—Limitation—As per the statutory Rules namely “1983 Rules”, application was required to be filed within a period of three years from the date, the possession was taken over by the Improvement Trust

By | March 4th, 2019|Punjab Town Improvement Act|

Comments Off on Punjab Town Improvement (Utilization of Land and Allotment of Plots) Rules, 1983, Allotment of Plot—Displaced Persons—Limitation—As per the statutory Rules namely “1983 Rules”, application was required to be filed within a period of three years from the date, the possession was taken over by the Improvement Trust

Arbitration & Conciliation Act, 1996, S.7–Arbitration Agreement—Once the agreement has been admitted by the parties to agreement is being relied upon by both of them in another suit for seeking royalty and declaration; then they cannot approbate and reprobate in the same breath and claim that arbitration clause in the same very agreement is not applicable to them

By | March 4th, 2019|Arbitration|

Comments Off on Arbitration & Conciliation Act, 1996, S.7–Arbitration Agreement—Once the agreement has been admitted by the parties to agreement is being relied upon by both of them in another suit for seeking royalty and declaration; then they cannot approbate and reprobate in the same breath and claim that arbitration clause in the same very agreement is not applicable to them

February 2019

Civil Procedure Code, 1908, S.ll–Res judicata-Once the judgment passed in the previous suit have been filed which notices the necessary pleadings of the parties, discusses the evidence led by the parties and thereupon decide the very question involved in the present case, such findings would operate as res judicata

By | February 28th, 2019|Res judicata|

Comments Off on Civil Procedure Code, 1908, S.ll–Res judicata-Once the judgment passed in the previous suit have been filed which notices the necessary pleadings of the parties, discusses the evidence led by the parties and thereupon decide the very question involved in the present case, such findings would operate as res judicata

Eviction—Scope of Revision—High Court is entitled to examine the grounds of eviction even which has gone against the landlord in a revision filed by tenant without filing of separate petition in that regard

By | February 28th, 2019|Punjab Rent Act|

Comments Off on Eviction—Scope of Revision—High Court is entitled to examine the grounds of eviction even which has gone against the landlord in a revision filed by tenant without filing of separate petition in that regard

Limitation Act, 1963, S.5–Condonation of Delay—Delay of 1100 days in filing appeal–Delay not condoned as fact of case do not reflect exercise of good faith.

By | February 28th, 2019|Limitation Act|

Comments Off on Limitation Act, 1963, S.5–Condonation of Delay—Delay of 1100 days in filing appeal–Delay not condoned as fact of case do not reflect exercise of good faith.

Accident—Negligence—Merely because on a two-wheeler three persons were travelling, inference cannot be drawn that against the driver of the two-wheeler that he was also contributory negligent in absence of evidence in that regard

By | February 28th, 2019|Negligence|

Comments Off on Accident—Negligence—Merely because on a two-wheeler three persons were travelling, inference cannot be drawn that against the driver of the two-wheeler that he was also contributory negligent in absence of evidence in that regard

Accident-Claim Petition-Non-examination of author of FIR—It would not make any difference particularly when he has only stated that he had seen the accident but could not note the vehicle number—Further, factum of accident has been stated in statement of two other witnesses—Claim petition held to be maintainable

By | February 28th, 2019|Claim Petition|

Comments Off on Accident-Claim Petition-Non-examination of author of FIR—It would not make any difference particularly when he has only stated that he had seen the accident but could not note the vehicle number—Further, factum of accident has been stated in statement of two other witnesses—Claim petition held to be maintainable

Will–Proof of relation-Plaintiff claimed that executor of Will was sister of their father and Will was executed for services rendered to her—Plaintiff failed to prove the said relationship and onus was upon plaintiff to establish the relationship by direct and cogent evidence in terms of S.50 of Evidence Act-Will held to be rightly discarded-

By | February 28th, 2019|Will|

Comments Off on Will–Proof of relation-Plaintiff claimed that executor of Will was sister of their father and Will was executed for services rendered to her—Plaintiff failed to prove the said relationship and onus was upon plaintiff to establish the relationship by direct and cogent evidence in terms of S.50 of Evidence Act-Will held to be rightly discarded-

Murder~Bail~Allegation that the petitioner caught hold the deceased along with other co-accused and gave beatings-Contention that allegations have been falsified by MLR as deceased suffered only one injury and the same has been attributed to main accused—No specific role and injury has been attributed to the petitioner—Bail granted

By | February 28th, 2019|Bail|

Comments Off on Murder~Bail~Allegation that the petitioner caught hold the deceased along with other co-accused and gave beatings-Contention that allegations have been falsified by MLR as deceased suffered only one injury and the same has been attributed to main accused—No specific role and injury has been attributed to the petitioner—Bail granted

Anticipatory Bail— SCST—Neither caste of the petitioner nor of accused has been mentioned in FIR–Whatever altercation or occurrence has occurred, that has taken place in the house, not at a public place—Bail granted

By | February 28th, 2019|Anticipatory Bail|

Comments Off on Anticipatory Bail— SCST—Neither caste of the petitioner nor of accused has been mentioned in FIR–Whatever altercation or occurrence has occurred, that has taken place in the house, not at a public place—Bail granted

Anticipatory Bail–NDPS–Non-Commercial Quantity—Recovery of 10 grams of Heroin from co-accused-Petitioner has been nominated on the statement of co-accused that he had purchased the same from the present petitioner—Recovery has already been effected which otherwise falls in non-commercial quantity- -Bail granted

By | February 28th, 2019|Bail - Narcotics|

Comments Off on Anticipatory Bail–NDPS–Non-Commercial Quantity—Recovery of 10 grams of Heroin from co-accused-Petitioner has been nominated on the statement of co-accused that he had purchased the same from the present petitioner—Recovery has already been effected which otherwise falls in non-commercial quantity- -Bail granted

Indian Penal Code, 1860, S.420–Cheating-Anticipatory Bail-Pake Visa-­Payment was given in 2005 but FIR has been registered in 2017 after gap of more than 12 years—Petitioner has already joined the investigation and he is not required for custodial interrogation—Without commenting on merits; bail granted-

By | February 28th, 2019|Bail|

Comments Off on Indian Penal Code, 1860, S.420–Cheating-Anticipatory Bail-Pake Visa-­Payment was given in 2005 but FIR has been registered in 2017 after gap of more than 12 years—Petitioner has already joined the investigation and he is not required for custodial interrogation—Without commenting on merits; bail granted-

Dishonour of Cheque—Compounding of Offence—Consent of complainant is mandatory—Judgment of Supreme Court in Meters & Instrument Case held to be not a binding precedent

By | February 28th, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque—Compounding of Offence—Consent of complainant is mandatory—Judgment of Supreme Court in Meters & Instrument Case held to be not a binding precedent

Anticipatory Bail-Cheating—Transfer of Land by power of attorney holder—Held; Petitioner is not beneficiary—There is also no allegation that petitioner has induced the complainant to execute power of attorney in his favour—Main accused had asked complainant to give power of attorney to petitioner (employee of main accused)–Beneficiary is also relative of main accused—Case is based on documentary evidence—Nothing is to be recovered from petitioner—Bail granted

By | February 27th, 2019|Bail|

Comments Off on Anticipatory Bail-Cheating—Transfer of Land by power of attorney holder—Held; Petitioner is not beneficiary—There is also no allegation that petitioner has induced the complainant to execute power of attorney in his favour—Main accused had asked complainant to give power of attorney to petitioner (employee of main accused)–Beneficiary is also relative of main accused—Case is based on documentary evidence—Nothing is to be recovered from petitioner—Bail granted