October 2018

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|Categories: Jurisdiction - Civil Court|

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|Categories: Bail - Narcotics|

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|Categories: Parole|

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|Categories: Electricity Act|

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|Categories: Acquittal|

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|Categories: Acquittal|

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|Categories: Evidence - Criminal Cases|

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|Categories: 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|Categories: Evidence - Criminal Cases|

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|Categories: Bail|

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|Categories: Punjab Rent Act|

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|Categories: Punjab Rent Act|

September 2018

Arbitration & Conciliation Act, 1996, S.48–Execution of Award—Foreign arbitral award—Relevant date for conversion of foreign currency into Rupee is the day when the objections under S.48 were finally disposed of.    

By | September 30th, 2018|Categories: Arbitration|

Parole-Jail Offence—Possession of mobile phone in jail premises—Held; that there is no allegation against the petitioner that he has misused the mobile phone/sim card for either to be blackmail someone or to demand ransom or for any other purpose of complicit in any other crime while being in jail—Direction issued to reconsider the application. 

By | September 30th, 2018|Categories: Parole|

Parole—Mere recovery of mobile phone from an inmate would not be sufficient to categorise him as a ‘hardcore prisoner’. Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 S.3–Parole— Hardcore Prisoner-Jail offence-Recovery of mobile phone

By | September 30th, 2018|Categories: Parole|

Narcotic Drugs and Psychotropic Substances Act, 1985, S.18–Non Commercial quantity-Reduction in Sentence-Petitioner was sentenced to two year-­Reduced to 8 months and 15 days already undergone- Held; (i) During bail appellant has not repeated the offence and was not previous convict and has shown improvement in his character. (ii) Son of appellant is 100% blind and is wholly dependent on him as wife of appellant has already died. (iii) Appellant is only bread earner of family and working as a labourer in private factory-Criminal Procedure Code, 1973,8.482. 

By | September 28th, 2018|Categories: Narcotics|

Decree holder should not have contested the application and could have given statement for restoration of the same subject to any terms and conditions—To prevent miscarriage of justice application seeking restoration of application filed under O.9 R.13 CPC is allowed.

By | September 27th, 2018|Categories: Exparte Decree|