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October 2019

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Jurisdiction of Executing Court—Parties to suit are resident of Punjab—Objections of the petitioner cannot be dismissed on the ground that the Principal Court at Punjab, did not have jurisdiction even if, the Award has been passed at West Bengal.
Execution

Jurisdiction of Executing Court—Parties to suit are resident of Punjab—Objections of the petitioner cannot be dismissed on the ground that the Principal Court at Punjab, did not have jurisdiction even if, the Award has been passed at West Bengal.

By phlaw| 2019-10-12T11:41:15+00:00 October 12th, 2019|Categories: Execution|

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Dishonour of Cheque—Compensation—Cheque amount was Rs 1.46 crores–Sentence reduced from 24 months to 18 months by enhancing fine from Rs. Two Thousand to Rs. Twenty Five lakhs
Cheque Bounce

Dishonour of Cheque—Compensation—Cheque amount was Rs 1.46 crores–Sentence reduced from 24 months to 18 months by enhancing fine from Rs. Two Thousand to Rs. Twenty Five lakhs

By phlaw| 2019-10-12T10:49:03+00:00 October 12th, 2019|Categories: Cheque Bounce|

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Attempt to Rape-Bail-Allegation against the petitioner is that he has tried to commit rape upon the prosecutrix–The prosecutrix has been examined in the case-Prosecutrix has also filed another case against accused-Out of total 14 witnesses only 5 have been examined so far-Trial to take time-Bail granted
Bail

Attempt to Rape-Bail-Allegation against the petitioner is that he has tried to commit rape upon the prosecutrix–The prosecutrix has been examined in the case-Prosecutrix has also filed another case against accused-Out of total 14 witnesses only 5 have been examined so far-Trial to take time-Bail granted

By phlaw| 2019-10-12T10:46:33+00:00 October 12th, 2019|Categories: Bail|

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Final Report—Magistrate cannot issue direction to police to file charge sheet—Such a direction is wholly unsustainable
Challan

Final Report—Magistrate cannot issue direction to police to file charge sheet—Such a direction is wholly unsustainable

By phlaw| 2019-10-12T10:44:46+00:00 October 12th, 2019|Categories: Challan|

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Sale Deed—Registered sale deed executed before partition but not considered during partition proceedings—Purchaser can claim his share thereafter being bonafide purchaser
Partition Proceedings

Sale Deed—Registered sale deed executed before partition but not considered during partition proceedings—Purchaser can claim his share thereafter being bonafide purchaser

By phlaw| 2019-10-12T10:30:38+00:00 October 12th, 2019|Categories: Partition Proceedings|

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Court Fee—Suit for Damages—Ad valorem Court fee is payable on claim amount even though it is tentative
Court Fees

Court Fee—Suit for Damages—Ad valorem Court fee is payable on claim amount even though it is tentative

By phlaw| 2019-10-12T10:27:01+00:00 October 12th, 2019|Categories: Court Fees|

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Murder-Death Penalty—Converted into life imprisonment-Accused was close relative of deceased lady and her daughter who was his first cousin-Held; case does not fall within about of’rarest of rare cases’-Death penalty commuted into life imprisonment.
Murder

Murder-Death Penalty—Converted into life imprisonment-Accused was close relative of deceased lady and her daughter who was his first cousin-Held; case does not fall within about of’rarest of rare cases’-Death penalty commuted into life imprisonment.

By phlaw| 2019-10-12T10:16:24+00:00 October 12th, 2019|Categories: Murder|

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Murder—Death by Poisoning—As per FSL report, no poison was detected in the residue of vomiting—Accused acquitted
Acquittal

Murder—Death by Poisoning—As per FSL report, no poison was detected in the residue of vomiting—Accused acquitted

By phlaw| 2019-10-12T10:11:28+00:00 October 12th, 2019|Categories: Acquittal|

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Anticipatory Bail–NDPS–Held; since petitioner was not arrested at the spot and has already joined the investigation; anticipatory bail granted
Anticipatory Bail

Anticipatory Bail–NDPS–Held; since petitioner was not arrested at the spot and has already joined the investigation; anticipatory bail granted

By phlaw| 2019-10-12T10:07:55+00:00 October 12th, 2019|Categories: Anticipatory Bail|

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Murder~Bail–Identification of Accused-All the eye-witnesses did not identify the accused when they stepped into the witness box—Petitioners are behind bars since last 1 year—No useful purpose would be served by further detention—Bail granted—
Bail

Murder~Bail–Identification of Accused-All the eye-witnesses did not identify the accused when they stepped into the witness box—Petitioners are behind bars since last 1 year—No useful purpose would be served by further detention—Bail granted—

By phlaw| 2019-10-12T09:59:27+00:00 October 12th, 2019|Categories: Bail|

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Attempt to Murder—Gunshot—Non compoundable Offence—Compromise between the parties—FIR quashed
Quashing

Attempt to Murder—Gunshot—Non compoundable Offence—Compromise between the parties—FIR quashed

By phlaw| 2019-10-11T19:13:06+00:00 October 11th, 2019|Categories: Quashing|

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Indian Penal Code, 1860, S.279–Rash and Negligent Driving—Quashing- Compromise between the parties—FIR and all consequent proceedings quashed-
Quashing

Indian Penal Code, 1860, S.279–Rash and Negligent Driving—Quashing- Compromise between the parties—FIR and all consequent proceedings quashed-

By phlaw| 2019-10-11T19:10:51+00:00 October 11th, 2019|Categories: Quashing|

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Bail–Identification of Accused—Complainant while in the witness box has not identified the petitioner to be his assailant—Petitioner has been behind bars since last about 9 months-Out of 35 only 3 prosecution witnesses have been examined-Bail granted
Bail

Bail–Identification of Accused—Complainant while in the witness box has not identified the petitioner to be his assailant—Petitioner has been behind bars since last about 9 months-Out of 35 only 3 prosecution witnesses have been examined-Bail granted

By phlaw| 2019-10-11T19:07:45+00:00 October 11th, 2019|Categories: Bail|

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Bail–NDPS- Recovery of 6.5 kgs of poppy husk–Out of 15 only 2 witnesses have been examined till date-Keeping in view, the nature and quantity of contraband recovered and the fact that one challan has already been presented; bail granted
Bail - Narcotics

Bail–NDPS- Recovery of 6.5 kgs of poppy husk–Out of 15 only 2 witnesses have been examined till date-Keeping in view, the nature and quantity of contraband recovered and the fact that one challan has already been presented; bail granted

By phlaw| 2019-10-11T19:04:36+00:00 October 11th, 2019|Categories: Bail - Narcotics|

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Cheating–Anticipatory Bail Granted – Held; As per FIR, ‘G’ had received the whole amount from complainant and it is nowhere alleged that ‘R’ had even received any amount or said amount would given in presence of ‘R’–As such complicity of petitioner ‘R’ would be debatable
Anticipatory Bail

Cheating–Anticipatory Bail Granted – Held; As per FIR, ‘G’ had received the whole amount from complainant and it is nowhere alleged that ‘R’ had even received any amount or said amount would given in presence of ‘R’–As such complicity of petitioner ‘R’ would be debatable

By phlaw| 2019-10-11T18:55:15+00:00 October 11th, 2019|Categories: Anticipatory Bail|

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Recalling of Witness—Additional Evidence—Complainant by way of producing additional documents seeks to establish his case with regard to the existence of legal liability—The case is still at the stage of recording the complainant’s evidence—Delay caused in trial can be compensated with costs—Application held to be rightly allowed.
Additional Evidence

Recalling of Witness—Additional Evidence—Complainant by way of producing additional documents seeks to establish his case with regard to the existence of legal liability—The case is still at the stage of recording the complainant’s evidence—Delay caused in trial can be compensated with costs—Application held to be rightly allowed.

By phlaw| 2019-10-11T18:37:19+00:00 October 11th, 2019|Categories: Additional Evidence|

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Dishonour of Cheque—Post Summoning Evidence Held; Complainant can lead further evidence post summoning for elaborating upon his pre-summoning evidence as complainant may not choose to lead his entire evidence at the stage of pre-summoning evidence.
Cheque Bounce

Dishonour of Cheque—Post Summoning Evidence Held; Complainant can lead further evidence post summoning for elaborating upon his pre-summoning evidence as complainant may not choose to lead his entire evidence at the stage of pre-summoning evidence.

By phlaw| 2019-10-11T18:34:25+00:00 October 11th, 2019|Categories: Cheque Bounce|

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Bail Granted —Injuries on accused— Allegedly, petitioner attacked the complainant with the ‘Kirch’ (sharp edged weapons-Petitioner had also sustained injuries regarding which there is no explanation in the FIR~
Bail

Bail Granted —Injuries on accused— Allegedly, petitioner attacked the complainant with the ‘Kirch’ (sharp edged weapons-Petitioner had also sustained injuries regarding which there is no explanation in the FIR~

By phlaw| 2019-10-11T18:30:07+00:00 October 11th, 2019|Categories: Bail|

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Bail granted – Recovery of 55 kgs of poppy husk from back seat of truck driver-Petitioner is neither the driver nor the owner of truck and was sitting in between the driver and owner in the cabin of truck—
Bail

Bail granted – Recovery of 55 kgs of poppy husk from back seat of truck driver-Petitioner is neither the driver nor the owner of truck and was sitting in between the driver and owner in the cabin of truck—

By phlaw| 2019-10-11T18:27:37+00:00 October 11th, 2019|Categories: Bail|

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Anticipatory Bail Granted –NDPS–Recovery of 1800 tablets from a plastic bag allegedly thrown away by petitioner while escaping the police—Held; Petitioner was not arrested at the spot and is not stated to be a previous convict and has already joined investigation—
Anticipatory Bail

Anticipatory Bail Granted –NDPS–Recovery of 1800 tablets from a plastic bag allegedly thrown away by petitioner while escaping the police—Held; Petitioner was not arrested at the spot and is not stated to be a previous convict and has already joined investigation—

By phlaw| 2019-10-11T18:24:26+00:00 October 11th, 2019|Categories: Anticipatory Bail|

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Bail granted – NDPS– Attempt to Murder—Recovery of 200 gms of intoxicating powder and firearms with live cartridges—Although, the petitioner is stated to be involved in several other cases but the present case is a case where nobody was injured and none of the police party has sustained any injury although allegations have been levelled that the accused had fired on the police
Bail

Bail granted – NDPS– Attempt to Murder—Recovery of 200 gms of intoxicating powder and firearms with live cartridges—Although, the petitioner is stated to be involved in several other cases but the present case is a case where nobody was injured and none of the police party has sustained any injury although allegations have been levelled that the accused had fired on the police

By phlaw| 2019-10-11T18:21:43+00:00 October 11th, 2019|Categories: Bail|

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Cruelty—Mere aggressive behavior and sadness of mood of wife does not mean that the wife is spoiling the atmosphere of her matrimonial home
Mental Cruelty

Cruelty—Mere aggressive behavior and sadness of mood of wife does not mean that the wife is spoiling the atmosphere of her matrimonial home

By phlaw| 2019-10-09T19:13:47+00:00 October 9th, 2019|Categories: Mental Cruelty|

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Civil Procedure Code, 1908, O.6 R.17–Amendment of Plaint-Subsequent Events—During pendency of a suit for specific performance of agreement to sell, part of land was acquired
Amendment of Plaint

Civil Procedure Code, 1908, O.6 R.17–Amendment of Plaint-Subsequent Events—During pendency of a suit for specific performance of agreement to sell, part of land was acquired

By phlaw| 2019-10-09T19:05:03+00:00 October 9th, 2019|Categories: Amendment of Plaint|

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Co-operative Societies—Default in Repayment of loan amount—Where a member of the Managing Committee who although had cleared the loan but beyond the period specified can be said to be persistently making default and therefore can be removed
Co-operative Societies Act

Co-operative Societies—Default in Repayment of loan amount—Where a member of the Managing Committee who although had cleared the loan but beyond the period specified can be said to be persistently making default and therefore can be removed

By phlaw| 2019-10-09T19:01:57+00:00 October 9th, 2019|Categories: Co-operative Societies Act|

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October 2019

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