November 2019
Permalink GalleryDishonour of Cheque- Probable Defence-Acquittal—Admittedly, complainant had accompanied the accused for opening of account and also stood as his gurantor-Complainant was also present when cheque book was issued to accused—Complainant failed to prove the legal liability against which cheque was issued-Accused took defence that he did not knew how to operate bank account and complainant had got done all the formalities and had misused the cheque- -Defence taken by accused is probable—Presumption of Debt stands rebutted-Accused acquitted.
Permalink GalleryBail-NDPS- Commercial Quantity-Recovery of 113 kgs of Ganja from a room which has been locked from last 3 months-Contention that if the room was locked for 3 months it cannot be said that ganja was stocked there by the petitioner who was tenant and was not present there from last 3 months-Petitioner is in custody from 2 months and 24 days-Without commenting on merits; bail granted
Permalink GalleryEast Punjab Urban Rent Restriction Act, 1949 – Sections 13-B and 18-A – Constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 – Right of Non-Resident Indians to initiate eviction under the summary procedure provided in Section 18-A of the Rent Act is not an unfettered and absolute right – Held such amendment, Constitutional
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Bail-NDPS- Commercial Quantity-Recovery of 113 kgs of Ganja from a room which has been locked from last 3 months-Contention that if the room was locked for 3 months it cannot be said that ganja was stocked there by the petitioner who was tenant and was not present there from last 3 months-Petitioner is in custody from 2 months and 24 days-Without commenting on merits; bail granted
Permalink GallerySARFAESI—Secured Assets—Proceedings under the SARFAESI Act would hold primacy over any Central or State Legislature attaching the property SARFAESI—Secured Creditor—Right of a secured creditor to realise a secured debt shall have priority over all debts and government dues including revenues, taxes, cesses and rates due to the Central Government, State Government or Local Authority
Permalink GalleryCorruption—Sanction for Prosecution—No new material has been pointed out which would may have been brought before the authority for obtaining subsequen t sanction—Proceedings quashed Corruption—Sanction from Prosecution—Not granted by competent authority—Prosecution liable to be quashed
Permalink GalleryRailways—Untoward Incident—Merely not finding of a ticket from the dead body would not be sufficient to prove that the deceased was a ticket-less passenger Railways—Untoward Incident—If the provision of law had provided for enhanced compensation after date of accident than such compensation would be payable
Permalink GalleryTransfer Petition—Divorce Petition—Court does not have to see the convenience of the attorney Transfer Petition—Divorce Petition—Merely because husband’s father is a Senior Advocate where petition is pending does not mean that he is capable of interfering in judicial proceedings or would do so
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SARFAESI—Non-Performing Assets—Bank is required to issue notice and provide opportunity to rectify the loan account to the borrower before declaring its account as NPA—In absence of such notice/opportunity all consequential actions taken by bank are liable to be set aside SARFAESI—Non-Performing Assets—An account which has some temporary deficiencies should not be classified as NPA SARFAESI—Mere issuance of notice under S.13(2) does not confer right to borrower to approach Civil Court or DRT
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Bail Bond-Forfeiture of Surety-Passport of appellant was released to travel abroad—However, when passport was returned it was changed-Since passport was damaged and fresh passport was issued by High Commission of foreign country-Therefore, circumstances were beyond the control of appellant which forced him to overstay in foreign country beyond the permission of Court—Impugned order of forfeiture of Bank Guarantee given as surety set aside.
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Bail Bonds—Forfeiture of—Mere failure to appear before the court, in absence of any willfulness, would not amount to “a breach” Bail—Cancellation of—Notice—Magistrate is required to issue notice to the accused so as to afford him an opportunity to explain as to why the bail should not be cancelled Bail—At the time of dealing with the bail and cancellation of bail, a Judge has to adopt a humanitarian approach.
Permalink GalleryCruelty to Wife—For proving the offence under Section 498-AIPC, proof of valid marriage is not an essential requirement Customary Marriage—Chunni Ceremony—When the husband himself choose a special form of marriage thereafter he resided and cohabited with his wife; he is estopped from denying the same to be a valid form of marriage
