February 2019

Civil Procedure Code, 1908, S.ll–Res judicata-Once the judgment passed in the previous suit have been filed which notices the necessary pleadings of the parties, discusses the evidence led by the parties and thereupon decide the very question involved in the present case, such findings would operate as res judicata

By | February 28th, 2019|Categories: Res judicata|

Accident—Negligence—Merely because on a two-wheeler three persons were travelling, inference cannot be drawn that against the driver of the two-wheeler that he was also contributory negligent in absence of evidence in that regard

By | February 28th, 2019|Categories: Negligence|

Accident-Claim Petition-Non-examination of author of FIR—It would not make any difference particularly when he has only stated that he had seen the accident but could not note the vehicle number—Further, factum of accident has been stated in statement of two other witnesses—Claim petition held to be maintainable

By | February 28th, 2019|Categories: Claim Petition|

Will–Proof of relation-Plaintiff claimed that executor of Will was sister of their father and Will was executed for services rendered to her—Plaintiff failed to prove the said relationship and onus was upon plaintiff to establish the relationship by direct and cogent evidence in terms of S.50 of Evidence Act-Will held to be rightly discarded-

By | February 28th, 2019|Categories: Will|

Murder~Bail~Allegation that the petitioner caught hold the deceased along with other co-accused and gave beatings-Contention that allegations have been falsified by MLR as deceased suffered only one injury and the same has been attributed to main accused—No specific role and injury has been attributed to the petitioner—Bail granted

By | February 28th, 2019|Categories: Bail|

Anticipatory Bail— SCST—Neither caste of the petitioner nor of accused has been mentioned in FIR–Whatever altercation or occurrence has occurred, that has taken place in the house, not at a public place—Bail granted

By | February 28th, 2019|Categories: Anticipatory Bail|

Anticipatory Bail–NDPS–Non-Commercial Quantity—Recovery of 10 grams of Heroin from co-accused-Petitioner has been nominated on the statement of co-accused that he had purchased the same from the present petitioner—Recovery has already been effected which otherwise falls in non-commercial quantity- -Bail granted

By | February 28th, 2019|Categories: Bail - Narcotics|

Indian Penal Code, 1860, S.420–Cheating-Anticipatory Bail-Pake Visa-­Payment was given in 2005 but FIR has been registered in 2017 after gap of more than 12 years—Petitioner has already joined the investigation and he is not required for custodial interrogation—Without commenting on merits; bail granted-

By | February 28th, 2019|Categories: Bail|

Anticipatory Bail-Cheating—Transfer of Land by power of attorney holder—Held; Petitioner is not beneficiary—There is also no allegation that petitioner has induced the complainant to execute power of attorney in his favour—Main accused had asked complainant to give power of attorney to petitioner (employee of main accused)–Beneficiary is also relative of main accused—Case is based on documentary evidence—Nothing is to be recovered from petitioner—Bail granted

By | February 27th, 2019|Categories: Bail|

Indian Penal Code, 1860, S.302–Murder–Anticipatory Bail—Petitioner were found innocent during investigation but has been summoned u/s 193 CrPC— No specific injuries have been attributed to petitioners-Bail granted

By | February 27th, 2019|Categories: Bail|

Anticipatory Bail-Demand of Bribe—Contention that no allegation that any bribe has been demanded or paid directly by the present petitioner—Furthermore, it is argued that telephonic conversation was recorded in February, 2014 and the FIR was registered after 3 years-Bail granted

By | February 27th, 2019|Categories: Bail|

Prevention of Corruption Act, 1988, S.I 3–Anticipatory Bail-Demand for Bribe–Application for registration of F.I.R has been made long after about one year from alleged date of demand and retirement of petitioner–F.I.R was registered after about further one year from date of such application-Bail granted

By | February 27th, 2019|Categories: Bail|

Civil Procedure Code, 1908, O.18 R.3-A–Examination as own Witness–Held; Defendant had availed many opportunities for closing his evidence and rebuttal evidence but did not filed any application at that time—Omission to file his own affidavit held to be intentional to delay the proceedings—Application held to be rightly dismissed

By | February 27th, 2019|Categories: Evidence - Civil|

Narcotics—Commercial Quantity—More than 50 grams of recovered salt falls within commercial quantity—Perusal of record nowhere shows that the intoxicating powder has been weighed with digital scale—Bail granted

By | February 27th, 2019|Categories: Bail - Narcotics|

Eviction–Impairing the value of building—Space for storage has been created by the wooden shaft at the absolute near end of premises, which has been depicted as ‘Godown’–Local Commissioner has not reported any damage to the building or to the wall has been caused because of use of the wooden shaft-Eviction petition held to be rightly dismissed

By | February 27th, 2019|Categories: Haryana Rent Act|

Illicit Liquor—Anticipatory Bail—Recovery of 91 bottles of illicit liquor from a plastic can were recovered—Present petitioner was not apprehended from the spot-Only secret information was against him -He is not required for custodial interrogation—Bail granted

By | February 27th, 2019|Categories: Anticipatory Bail|

Even if it is presumed that the wife is staying in the one room constructed on the plot purchased by the husband, the fact remains that the respondent needs money to sustain not only for herself but also for her minor daughter-Husband drawing a salary of Rs.36,054/- per month-Award of Rs. 10,000/- per month as interim maintenance held to be justified

By | February 27th, 2019|Categories: Maintenance|

Securitization & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, S.14~Physical Possession—Injunction—Stay application-Petitioner claiming to be tenant and the property that has been ordered to be taken possession of—Held; Remedy of the petitioner would lie before Debt Recovery Tribunal and not before Civil Court to save his possession—Since tenant had erroneously approached Civil Court, stay granted to tenant to approach DRT for further relief

By | February 26th, 2019|Categories: SARFEASI|

Written Statement-Non-filing of within 90 days—Striking off defence-In the present case, written statement was not filed to the amended plaint despite opportunities/last opportunity having been granted, yet taking into account the age of the petitioner i.e. 80 years old as also the fact that the civil suit was filed by the respondent/plaintiff-daughter against her father i.e. petitioner/defendant, initially for permanent injunction which was subsequently got amended for incorporating the plea for specific performance—Last opportunity given for filing written statement subject to payment of costs.

By | February 26th, 2019|Categories: Written Statement|

Eviction—Denial of Relationship—It is not one of the ground for eviction of the tenant Eviction—Provisional Rent—Once the relationship is disputed, there cannot be any provisional assessment of the rent.

By | February 25th, 2019|Categories: Haryana Rent Act|

Amendment of Plaint—Change in nature of suit—Nature of the suit can be changed per se—No such bar exists to seek such an amendment, if it goes to the root of the dispute between the parties Amendmentof Plaint—Change in Relief—Plaintiff can seek amendment of relief clause in an application under 0.6 R.17CPC

By | February 25th, 2019|Categories: Amendment of Plaint|