March 2019

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|Categories: Anticipatory Bail|

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|Categories: Anticipatory 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|Categories: Constitution of India|

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|Categories: Specific Relief Act|

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|Categories: Transfer of Property Act|

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|Categories: Recalling of witness|

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|Categories: Cheque Bounce|

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|Categories: Will|

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|Categories: Punjab Town Improvement Act|

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|Categories: Superdari|

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|Categories: Claim Petition|

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|Categories: Claim Petition|

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|Categories: Lambardari|

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|Categories: Punjab Rent Act|

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|Categories: Punjab Rent Act|

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|Categories: Hindu Succession|

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|Categories: Punjab Town Improvement Act|

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|Categories: Arbitration|