December 2019

Accident~License~Light Transport Vehicle– Merely because judgment in Mukund Dewangan case is referred to larger bench for reconsideration does not nullify its effect holding that person holding license for light motor vehicles is entitled to drive light transport vehicle as well—Claim petition allowed.

By | December 10th, 2019|Categories: Driving License|

Accident—Claim Petition—Merely because a witness slipped at a few places regarding the minute details does not go to put a question mark over his credibility and truthfulness         

By | December 9th, 2019|Categories: Claim Petition|

Dishonour of Cheque-Advancement of Loan-Acquittal-Admittedly loan was advanced on 01.10.2016 with currency notes having denomination of Rs. 2,000/- whereas the such currency notes were not in existence at that time-Liability as alleged by complainant not established-Accused acquitted.  

By | December 9th, 2019|Categories: Cheque Bounce|

Bail- NDPS-Conscious Possession—Recovery of 260 grams of heroin from the dashboard of the car—Petitioner was neither owner of the car nor was driving the case and was merely occupant of the car-Debatable question as to whether petitioner can be attributed conscious possession of contraband-Bail granted

By | December 9th, 2019|Categories: Bail - Narcotics|

Accident—Insurance—Cheque for payment of premium dishonoured— Accident occurred after dishonor of cheque but before cancellation of policy —Insurance Company held not liable

By | December 7th, 2019|Categories: Liability of Insurance Company|

Accident-Disability @100%–Pain and Suffering-Injured aged 6 years suffered crush injuries on both legs- -Held; it is very difficult to quantify the pain and suffering undergone by a person suffering injury requiring long hospitalization, surgeries and follow up treatment-In present case sum enhanced from Rs. one lakh to two lakhs.

By | December 7th, 2019|Categories: Disability|

Service Law–Punishment–Punishment/Penalty imposed in a departmental proceedings takes effect prospectively from the date of its imposition and would not relate back to the period when the alleged offence/misconduct was committed–Judgment in Major Singh Gill’s does not lay the correct law hence overruled.     

By | December 7th, 2019|Categories: Service Cases|

-Death by Negligence- Reduction in Sentence-Keeping in view petitioner is not a previous convict- -Substantive sentence reduced from 2 years to 1 year and 9 months-Criminal Procedure Code, 1973, S.482

By | December 7th, 2019|Categories: Reduction in Sentence|

Indian Penal Code, 1860, S.380~Theft from Golak of Gururdwara Sahib- Accused acquitted-Held Mere recovery of amount on disclosure statement of the accused from house of accused without any thing to indicate it was the same money/ amount contained in the golak does not attract the offence

By | December 7th, 2019|Categories: Acquittal|

Accident–Claim Petition- Held; to throw proper light on the controversy examination of eye witnesses is necessary-Application under 0.41 R.27 CPC allowed-Civil Procedure Code, 1908, 0.41 R.27

By | December 2nd, 2019|Categories: Claim Petition|

Agreement to Sell-Readiness and Willingness-Affidavits with regard to marking of presence of defendants have to be proved-Mere exhibitions of documents does not dispense with its proof.

By | December 1st, 2019|Categories: Specific Performance|