July 2020

Woman Solemnizes ‘Kareva’ Marriage Not Entitled To Receive Widow Pension HELD “The petitioner is not eligible to draw pension under the Haryana Pension to Widows and Destitute Women Scheme Rules, 1988-1989 having solemnized Kareva marriage with her brother-in-law (Devar),

By | July 6th, 2020|Categories: Matrimonial Cases|

Fortunner car sold by petitioner to complainant, part payment by cheque and documents executed. Petitioner stole the car from complainant. FIR lodged and car recovered and petitioner arrested. Superdari allowed on the basis of Affidavit of Sale to complainanat HELD superdari is to be based on prima facie semblance of ownership.

By | July 1st, 2020|Categories: Superdari|

June 2020

Payment of monthly rent was mentioned in the lease deed – Rent note – As per law laid down by this Court in Ram Kumar Das, AIR 1952 SC 23 there shall be a presumption that the tenancy in the present case is monthly tenancy. Registration not required.

By | June 28th, 2020|Categories: Punjab Rent Act|

Hindu Marriage Act, 1955 – Sections 5, 11 and 12 – Registration of marriage – Violation of the age restriction – HELD Such a marriage of under-age is voidable – In fact, the parties are seeking to register their marriage. In law, the marriage is legal and there is no bar to its registration.

By | June 20th, 2020|Categories: Matrimonial Cases|

DB :: PIL Covid-19 Medical tests – University inspite of spread of Covid-19 pandemic has retained as many as 2421 students in the hostel of the university out of which 3 have been found to be Covid-19 positive -HELD Thus, without expressing any opinion on the merits of the case, the present petition is disposed of granting liberty to the petitioner, as prayed for, to take up all possible grievances before the authorities and recourse to law, if so advised.

By | June 6th, 2020|Categories: Constitution of India|

Penal Code, 1860 (IPC) – Sections 406, 420, 467, 468, 471 and 120-B – Prevention of Corruption Act, 1988 – Sections 7 and 13 – Criminal Procedure Code, 1973 (CrPC) – Section 438(2) – Grant of anticipatory bail – Petitioner being a Municipal Councilor, has identified fake sellers who have obtained loan from HDFC Bank – Co accused already granted bail, accused a disabled person – Anticipatory bail granted

By | June 6th, 2020|Categories: Bail Granted|

Juvenile Justice (Care and Protection of Children) Act, 2015 – Sections 3(1) and 12 – Murder – Grant of regular bail – Juvenile – Factum of only one injury found on the person of deceased is not in dispute – As per Section 3(1) of the Act, principle of presumption of innocence would apply in case of juvenile till the complicity/guilt is proved by way of incriminating evidences – Bail granted

By | June 6th, 2020|Categories: Bail Granted|

FARIDKOT SUCCESSION D/ 1.06.2020 :: The claim with regard to succession to the estate of late Raja Harinder Singh on the basis of The Raja of Faridkot’s Estate Act, 1948 is not sustainable.  RSA No.1418 of 2018 titled ‘Maharani Deepinder Kaur and others vs. Rajkumari Amrit Kaur and others’ is totally devoid of merits. The same is dismissed. Will dated 01.06.1982 is found to be forged, fabricated and shrouded with suspicious circumstances. Therefore, the same has been rightly discarded by the Courts below and the Trust created thereunder is also held to be unfounded.  RSA No.2176 of 2018 titled ‘Bharat Inder Singh (since deceased) though his LR Kanwar Amarinder Singh Brar vs. Maharwal Khewaji Trust through its Boards of Trustees and others’ is dismissed with the following observations:- The claim with regard to succession to the estate and private properties of deceased Raja Harinder Singh on the basis of Law of Primogeniture is dismissed, however the appellant would succeed to proportionate share of late Maharani Mohinder Kaur on the basis of registered Will dated 29.03.1990 executed by her. Maharani Mohinder Kaur (mother of Raja).

By | June 2nd, 2020|Categories: Succession Act|

May 2020

Castiest Remarks Made Over The Phone Is not An Offence Under SC/ST Act HELD   “Once it is admitted that the alleged conversation over the mobile phone was not in a public gaze nor witnessed by any third party, the alleged use of caste words cannot be said to have been committed within the public view.”

By | May 31st, 2020|Categories: Quashing|

Courts Should Not Engage Itself In Social Mores Or Introduce Personal Ideas On Morality In A Protection Petition”, by runaway couple : Punjab & Haryana HC HELD “It is not for this Court in a protection petition to engage itself in social mores, norms and human behaviour or introduce personal ideas on morality.”

By | May 27th, 2020|Categories: Constitution of India|

AMENDMENT – SECOND APPLICATION – There is no bar to move more than one application for amendment, if the circumstances so warrant. In the instant case, moving of second application was warranted on account of typographical correction in the judgment and decree to incorporate khasra , which was statedly left out inadvertently

By | May 23rd, 2020|Categories: Amendment of Plaint|

Held; It is well settled that no one can be punished for the fault of the Court. The appellate authority should have granted time to pay short fall of provisional rent wrongly calculated. Eviction set aside.

By | May 17th, 2020|Categories: Punjab Rent Act|

Eviction—Bonafide Necessity—Landlord cannot be expected to keep waiting till the tenant vacates the tenanted premises and then start the required construction/renovation work—Eviction upheld

By | May 6th, 2020|Categories: Punjab Rent Act|