December 2018

Eviction—Nature of Building—Pleadings—There was no pleading that the shop is a part of a residential building—In the absence of such pleading the plea that eviction for non residential purpose cannot be sought cannot be taken in revision for the first time as this plea had not been raised before the Rent Controller Eviction—Nature of Building—In the absence of any zoning plan, scheme or notification proving the residential or non-residential character of a building, the purpose for which the demised premises was let out would determine its character as residential or non-residential

By | December 11th, 2018|Categories: Punjab Rent Act|

Eviction–Bonafide Need-Admittedly, landlord was 80 years old and had already let out two other shops on rent-Since two sons of landlord had died so in order to maintain families of his son the desire of the landlord to set up business in the demised shop after getting it vacated, is legitimate and justified—Eviction petition allowed.

By | December 9th, 2018|Categories: Punjab Rent Act|

Accident–Income–Absence of Proof-­ Claimant claimed that deceased was aged 35 years and was an agriculturist but no documentary proof adduced—Tribunal assessed income as Rs. 6,000/ – p.m.—Minimum income of unskilled laborer in Haryana in 2012 was Rs. 4847/- —Income assessed as Rs. 5000/- p.m

By | December 9th, 2018|Categories: Income|

Electricity Act, 2003, S. 135-Theft of Electricity-Testing of Meter-It was the right of the consumer to be present at the time of testing and to be confronted with the testing report before imposition of penalty—No notice sent for being present at time of testing—Notice imposing penalty quashed.

By | December 9th, 2018|Categories: Electricity Act|

Motor Vehicles Act, 1988, S. 166–Accident-Compassionate Allowance-Grant of Compassionate allowance by State Government to victim of an accident is not a ground to disallow compensation under Motor Vehicles Act.

By | December 9th, 2018|Categories: Income|

Service Law–Promotion–Ranking List—Engineering Subordinates who possess such qualification earlier in time have to be ranked senior and those who possess such qualification in the next year upto 1st January are to be ranked junior. The reason is that Engineering Subordinates, who acquire the eligibility of qualification of A.M.I.E./B.E. with 5 years service earlier, are more meritorious having acquiring the qualification earlier than their senior, who either could not qualify A.M.I.E./B.E. examination or did not dare to take such examination. Therefore, after having acquired the qualification and experience later, they cannot steal a march over their juniors who have already acquired such qualification and are to be placed in ranking earlier than their seniors for the purpose of accelerated promotion–Service of 5 years has to be counted from the date when candidate acquires the required qualification

By | December 7th, 2018|Categories: Service Cases|

November 2018

Indian Penal Code, 1860, S.376~Rape–Medical Evidence-Acquittal-As per evidence of doctor prosecutrix had sexual intercourse within 48 hours of her examination-Allegedly offence was committee about 43 days earlier from date of examination-Accused acquitted.

By | November 30th, 2018|Categories: Acquittal|

Bail–NDPS-Non- Commercial Quantity—Recovery of 35 grains of intoxicating powder-­ Petitioner is in custody from last 4 months and he is not required for any investigation or interrogation purpose-Trial of case will take long time—Bail granted

By | November 30th, 2018|Categories: Bail - Narcotics|

Motor Vehicles Act, 1988, S. 166 -Accident–License–Expired License-­ Accident occurred after expiry of license which was renewed after one year- -On date of accident driver did not have a valid license—Insurance company held to be not liable.      

By | November 30th, 2018|Categories: Driving License|

Civil Procedure Code, 1908, O.2 R.2–Bar to Suit-Pleadings-In absence of the appellants having raised a specific plea that suit filed is barred under O.2 R.2 CPC and plaint of the earlier suit being not a part of records, it is difficult to accept contention of the appellants that consistent findings recorded by the courts are liable to be set aside on the additional factual and legal plea sought to be raised for the first time in regular second appeal

By | November 29th, 2018|Categories: Res judicata|

Specific Relief Act, 1963, S.20~Agreement to Sell-Specific Performance-If the owner is having imperfect title and enters into the contract, on getting clear title, he is bound to execute and honour the agreement—Transfer of Property Act, 1881, S.43.

By | November 29th, 2018|Categories: Specific Relief Act|

Civil Procedure Code, 1908, O.41 R.27–Additional Evidence at Appellate Stage-Execution of Will-Handwriting Expert-Appellants well knew that they had to prove the due execution of the Will and consequently, there, was no justification for appellants not having examined a hand writing expert if they so wanted

By | November 29th, 2018|Categories: Additional Evidence|

Specific Relief Act, 1963, S.34–Suit for Declaration-Co-ownership-Once it is established that the property has been partitioned by the owners and converted into plots, the concept of co-ownership in a joint khata cannot be invoked to hold that the parties are joint owners

By | November 29th, 2018|Categories: Specific Relief Act|

Succession Act, 1963, S.68 & S.69–Will–Proof of Execution-None of the attesting witness of Will was examined to prove the Will—Even no evidence has been led to prove signature of the testator of will-Will held to be rightly discarded.    

By | November 28th, 2018|Categories: Will|

Medical Treatment—Financial Assistance by State—Direction issued to PGIMER to consider the application of the eligible candidates/patients Immediately on its receipt so that they may not have to rush to the Court for release of grant for treatment of life threatening diseases.

By | November 28th, 2018|Categories: Constitution of India|

Accident-Claim Petition-As per post mortem report, deceased suffered multiple injuries including crush injury on the head and fractures on both the ribs—Chances of deceased suffering these injuries merely on fall on the road from the motor-cycle are not possible after hitting his vehicle with a bufialo—MACT directed to assess the compensation.

By | November 28th, 2018|Categories: Claim Petition|