May 2019

Indian Penal Code, 1860, S.302–Murder–Bail–As per prosecution, petitioner was empty handed and did not cause any injury—Submission that all other assailants had given blows on body of deceased—All material witnesses including complainant have been examined—Trial to take time—Petitioner is in custody from about last 7 months—Bail granted

By | May 12th, 2019|Categories: Bail|

Attempt to Murder~Bail–Medical ground-­ Petitioner is suffering from problem of piles—Keeping in view the humanitarian grounds and also considering that he is in custody for more than one year; bail granted

By | May 12th, 2019|Categories: Bail|

Proclaimed Offender-­ Anticipatory Bail—Order declaring proclaimed offender was issued before expiration of 30 days from date of issue of proclamation—Proper procedure had not been adopted—Interim order of anticipatory bail made absolute.  

By | May 12th, 2019|Categories: Anticipatory Bail|

Specific Relief Act, 1963, S.37–Injunction–Suit against forcible dispossession–Wakf Property-Enhancement of Rent—Condition in lease deed envisaged periodical review of rent by the Wakf Board– Tenant cannot be permitted to challenge the notice of enhancement

By | May 12th, 2019|Categories: Injunction|

Bail- -NDPS—Conscious Possession-Petitioner was driving motorcycle and co- accused was pillion rider holding a plastic bag from which contraband was received-Contention that it will be a debatable issue during the course of trial whether the petitioner was in conscious possession of the alleged contraband or not-Co-accused has already been granted bail—Petitioner is in custody for last 3 months and 3 days-Bail granted

By | May 12th, 2019|Categories: Bail - Narcotics|

Summoning of additional accused—Standard of Proof—Court has to look for just more than prime facie case and not as if an infallible case was required to be shown by the prosecution in order to proceed against the proposed accused persons

By | May 5th, 2019|Categories: Additional accused|

Dishonour of Cheque—Friendly Loan—Failure of complainant to prove the source of funds for advancing loan to accused cannot be a ground rebutting the presumption u/s 139 N.I. and because of that burden of proof on accused to prove probable defence does not get shifted on complainant. Dishonour of Cheque—Rebuttable Presumption—By mere denial or mere creation of doubt the presumption u/s 139 N.I. act cannot be held to have been rebutted by the accused

By | May 5th, 2019|Categories: Cheque Bounce|

April 2019

Issue involved in this matter is whether Section 143-A introduced by the Amendment Act No.20 of 2018 in the Negotiable Instruments Act, 1881 has retrospective application or not?As an interim measure, we direct the petitioner to deposit the sum, namely 15% of the cheque amount

By | April 21st, 2019|Categories: Cheque Bounce|

Provisions of Section 143 A of Negotiable Instruments Act inserted by Amendment Act, 2018 being substantive are prospective in nature – Cannot apply to pending cases.   All provisions relating to punishment, execution, fine and compensation and recovery as contained in Cr.P.C has to be read in conjunction and in harmony with Section Section 143 A of Negotiable Instruments Act. Amendment in Section 148 NIA apply to pending proceedings

By | April 21st, 2019|Categories: Cheque Bounce|

Appellants cannot be deprived of a plot allotted to her merely on the basis that she has not made any grievance in respect of possession of the plot allotted on the basis of technicities. If such allotment is found to be made, the appellant would be entitled to possession of the plot of 250 sq. yards. If it is found that the plot allotted to the appellant is not available, the Registrar or its delegate shall pass such necessary order to redress the grievance of the appellant after giving an opportunity of hearing to the affected persons

By | April 17th, 2019|Categories: Co-operative Societies Act|

Hindu Succession Act, 1956 – Sections 14, 14(1) and 14(2) – East Punjab Urban Rent Restriction Act, 1949 – Sections 2(c) and 2(i) – Eviction – High Court while setting aside the judgment of the first appellate Court held that Shiv Dev Kaur (having life interest in property) had created a tenancy in favour of the defendant and the relationship of landlord and tenant did not cease to exist on her death. The remedy of the appellants as owners was to seek eviction under prevailing rent control legislation and not by means of a suit for possession

By | April 17th, 2019|Categories: Punjab Rent Act|

IMPORTANT::: Bail—Cancellation of—Before passing such an order, the Magistrate is required to afford accused an opportunity to explain as to why bail should not be cancelled Forfeiture of Bail bonds—Mere failure to appear before the court, in the absence of any willfulness on the part of the accused, would not amount to “a breach”

By | April 17th, 2019|Categories: Bail - Cancellation|

Transfer of Property Act, 1881, S.60–Redemption of Mortgage-Doctrine of Severability-Sale of share by co-sharer-Contention that by applying the doctrine of severability, redemption of the property which was not sold, should have been ordered-Contention rejected-Held; an appropriate remedy for the plaintiffs was to seek partition as alongwith defendants/subsequent vendees, who were the mortgagees had acquired the title of co-ownership-Doctrine of severability cannot be applied in such circumstances as the mortgage deed has to be read as whole and cannot be split.     

By | April 17th, 2019|Categories: Transfer of Property Act|

Hindu Marriage Act, 1955, S.24–Maintenance-Reduction of–Income of Wife-­ Wife herself is earning Rs.10,600/- per month whereas husband is earning Rs.26,OOO/- per month-Wife is entitled to same amenities had she staying with her husband-Award of Rs.5,OOO/- as maintenance pendente lite reduced to Rs.4,OOO/ – per month. 

By | April 17th, 2019|Categories: Maintenance|

Civil Procedure Code, 1908, O.9 R.13–Exparte Decree-Setting aside of— Limitation to file the application is 30 days from the date of passing of ex parte judgment and decree or acquisition of knowledge—In present case, application was filed after 2 years of exparte decree-One of other defendants had earlier filed application but was dismissed—Thus, it is highly improbable that applicant was not in the knowledge of exparte judgment and decree-­ Application held to be rightly dismissed.

By | April 17th, 2019|Categories: Exparte Decree|

Narcotic Drugs and Psychotropic Substances Act, 1985, S.20 and S.42- -Bail–NDPS–Accused person were apprehended during Nakabandi– Secret information was not recorded in writing and was not sent to police station for registration of FIR–Bail granted

By | April 13th, 2019|Categories: Bail - Narcotics|

Narcotic Drugs and Psychotropic Substances Act, 1985, S.50–Personal Search–Bail–Investigating officer himself gave notice and after obtaining consent, he himself conducted the search of petitioner and without calling a second investigating officer conducted further investigation—Without commenting on merits bail granted

By | April 12th, 2019|Categories: Bail - Narcotics|

Narcotic Drugs and Psychotropic Substances Act, 1985, S.36-A-Statutory Bail—Commercial Quantity-Extension of time for filing charge sheet-­ Merely because report of chemical examiner/FSL is awaited and investigation of other persons arrested during interim period is to be affected is not a ground for detention of petitioner beyond the period of 180 days

By | April 12th, 2019|Categories: Bail - Narcotics|