December 2018

Mining Contract—It is the duty of the State to identify the land which they offer for mining and ensure that it is not only conducive for the purpose intended but also ensure that the area conforms to the measurements offered for mining

By | December 23rd, 2018|Categories: Mining|

Indian Penal Code, 1860, S.304-B-Dowry Death-Dowry Demand-Acquittal- -Improvement in statement-In complaint father of deceased stated that motorcycle was demanded however when he was examined in the Court, he stated that accused was also demanding fridge and AC also, whereas AC and fridge were not mentioned in the complaint-Same is taken as improvement and cannot be relied upon—Accused acquitted.

By | December 23rd, 2018|Categories: Acquittal|

Civil Procedure code, 1908, O.9 R.7–Ex parte order-Setting aside of–Stage of joining proceedings—Proceedings must continue from the stage at which the later appearance was entered and obviously, he could not be relegated to the position he would have occupied if he had appeared at the earlier hearing or hearings—But he certainly had the right of participation in the proceedings, to cross-examine the plaintiff or his witnesses and if necessary, to lead evidence in rebuttal.  

By | December 22nd, 2018|Categories: Exparte Decree|

Custody of Child—Child aged below 5 years—Mother working as a doctor–The same as such does not constitute an unsuitability unless it can be shown that the children would be neglected by the mother

By | December 22nd, 2018|Categories: Hindu Minority and Guardianship|

Civil Procedure Code, 1908, O.21 R.102–Execution of Decree– Dispossession-O.21 R.98 and O.21 R.100 shall not apply in a case where the judgment-debtor has transferred the property after the institution of the suit in which the decree was passed.    

By | December 20th, 2018|Categories: Execution|

Motor Vehicles Act, 1988, S.166–Accident–Insurance–Deceased being the brother of the owner—In present case there is Comprehensive/Package policy- -Therefore, Insurance Company cannot contend that deceased being the brother of the owner would step into the shoes of the owner and it would be a case of the same person being both the claimant and recipient-Insurance Company held liable to pay.                  

By | December 20th, 2018|Categories: Liability of Insurance Company|

Right to Information Act, 2005, S.8–Exempted Information-Official noting would not fall within the ambit of the term ‘fiduciary relationship’ and have to be supplied to the affected persons—There is no blanket bar with regard to supplying information, which is available even in a fiduciary relationship.

By | December 20th, 2018|Categories: R T I|

Haryana Canal and Drainage Act, 1974, S.24–Restoration of Water Course—As per latest inspection report conducted in presence of both the parties there was water course which has been running from last 20 years which has been demolished-Therefore, such water course falls within ambit of water course ‘by prescription of law’—Thus, orders of restoration of water course are justified and hence upheld.       

By | December 20th, 2018|Categories: Haryana Canal and Drainage Act|

Bail—Surrender of Passport—While granting bail or anticipatory bail, Criminal Court have to take extreme care in imposing such condition—It cannot mechanically, and in every case where an accused has a passport impose a condition for its surrender. Passport—Impounding of Passport—Police may have power to seize a passport but it does not have power to retain or impound the same, because that can only be done by the passport authority

By | December 19th, 2018|Categories: Anticipatory Bail|

Civil Procedure Code, 1908, O.41 R.27–Additional Evidence at Appellate Stage—Appellate Court ought to consider and dispose the appellant’s application first and then finally adjudicate upon the appeal—Not done in present case—Appeal set aside to be decided afresh after firstly disposing the application.  

By | December 19th, 2018|Categories: Additional Evidence|

Specific Relief Act, 1963, S.34–Suit for Recovery-Friendly Loan-Dishonour of Cheque—Suit for recovery against legal heirs of borrower, who issued cheque for repayment of friendly loan but died before presentation of cheque—Held; there is nothing on record to show that the amount in question was advanced as a loan—There was no writing effected, no pronote or receipt prepared-­ Plaintiff admitted that not even an entry in any note took was made by him

By | December 14th, 2018|Categories: Specific Relief Act|

Accident—Gratuitious Passenger—Where the person after hiring the goods vehicle is proceeding to purchase the goods or returning after delivering the goods would not be considered as mere passenger or gratuitious passenger in a goods vehicle—In such circumstances insurance company would be liable to pay

By | December 14th, 2018|Categories: Liability of Insurance Company|

Accident—Claim Petition—Findings of criminal court as to the guilt or acquittal of the driver are wholly irrelevant for the purpose of the trial on merits of the claim petition before MACT

By | December 13th, 2018|Categories: Claim Petition|

Indian Penal Code, 1860, S.307—Attempt to Murder—Bail-Petitioner is in custody for the past one and half years—Even the complainant not coming forward to testify-Bail granted-Criminal Procedure Code, 1973, 8.439.

By | December 13th, 2018|Categories: Bail|

Amendment of Written Statement—Document that was sought to be relied upon was not available with the petitioners, the amendment, even in terms of the proviso to Order 6 Rule 17 CPC, could not be allowed

By | December 13th, 2018|Categories: Amendment of written statement|

Civil Procedure Code, 1908, O.8 R.5-Striking off defence-It only permits the courts to decree the suit but does not make it mandatory-In the circumstances, no fault can be found with the action of the courts in requiring the predecessor of the appellants to lead some positive evidence.

By | December 13th, 2018|Categories: Jurisdiction - Civil Court|

East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction–Bonafide Need-Merely because landlady has sufficient resources at her disposal for surviving, cannot be used as a doubtful circumstance to hold that she does not require the premises–The Courts or the tenant have no jurisdiction to substitute their own opinion in place of the landlord—The jurisdiction of the court is only to examine whether the premises is a bonafide requirement or not.

By | December 13th, 2018|Categories: Punjab Rent Act|

Specific Performance-­Readiness & Willingness—Purchaser sent notice after two years and eight months and suit was filed on last date of limitation—Apart from the  statement of purchaser there is no other evidence to show that he was repeatedly approaching the seller—Relief of specific performance held to be rightly declined.  

By | December 11th, 2018|Categories: Specific Performance|