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September 2020

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Accident—Premature release of FDR—Claimant does not has to show any good reason to get release the compensation amount; before the maturity date of FDR

Accident Cases

Accident—Premature release of FDR—Claimant does not has to show any good reason to get release the compensation amount; before the maturity date of FDR

By phlaw| 2020-09-20T12:38:19+05:30 September 20th, 2020|Categories: Accident Cases|

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Rash and Negligent Driving—Reduction in Sentence—Petitioner facing agony of trial for last more than 5 years—Sentence reduced to period already undergone of 5 months and 21 days out of total sentence of 2 years

Reduction in Sentence

Rash and Negligent Driving—Reduction in Sentence—Petitioner facing agony of trial for last more than 5 years—Sentence reduced to period already undergone of 5 months and 21 days out of total sentence of 2 years

By phlaw| 2020-09-20T11:51:05+05:30 September 20th, 2020|Categories: Reduction in Sentence|

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Dishonour of Cheque—Time barred Debt—Issuance of Cheque in the year 2013 in respect of the alleged liability arose in the year 2006—Complaint not maintainable

Cheque Bounce

Dishonour of Cheque—Time barred Debt—Issuance of Cheque in the year 2013 in respect of the alleged liability arose in the year 2006—Complaint not maintainable

By phlaw| 2020-09-20T11:35:24+05:30 September 20th, 2020|Categories: Cheque Bounce|

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Anticipatory Bail—SC ST—Present FIR is counter blast to earlier complaint regarding sexual harassment made by petitoner against complainant—Bail granted

Anticipatory Bail

Anticipatory Bail—SC ST—Present FIR is counter blast to earlier complaint regarding sexual harassment made by petitoner against complainant—Bail granted

By phlaw| 2020-09-20T11:33:06+05:30 September 20th, 2020|Categories: Anticipatory Bail|

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Cruelty to Wife—Quashing—Acts of cruelty happened in a foreign country–Complaint before Courts in India would not be maintainable

Quashing

Cruelty to Wife—Quashing—Acts of cruelty happened in a foreign country–Complaint before Courts in India would not be maintainable

By phlaw| 2020-09-20T11:28:15+05:30 September 20th, 2020|Categories: Quashing|

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Service Law—Refutation of Salary—Cannot be done without giving an opportunity of hearing to an employee —Unilateral order causing prejudice to employee is liable to be set aside

Service Cases

Service Law—Refutation of Salary—Cannot be done without giving an opportunity of hearing to an employee —Unilateral order causing prejudice to employee is liable to be set aside

By phlaw| 2020-09-20T11:25:23+05:30 September 20th, 2020|Categories: Service Cases|

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Extra Judicial Confession—Words uttered in extra judicial confession are to be recorded in verbatim Extra Judicial Confession—Cannot be made sole ground for conviction but may be used only as a corroborative piece of evidence

Evidence - Criminal Cases

Extra Judicial Confession—Words uttered in extra judicial confession are to be recorded in verbatim Extra Judicial Confession—Cannot be made sole ground for conviction but may be used only as a corroborative piece of evidence

By phlaw| 2020-09-20T11:17:42+05:30 September 20th, 2020|Categories: Evidence - Criminal Cases|

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Bail—Narcotics—Recovery of 80 grams heroin was recovered from the right pocket of pant worn by the petitioner, who was apprehended while travelling by car—Question of conscious possession involved–Bail granted

Bail - Narcotics

Bail—Narcotics—Recovery of 80 grams heroin was recovered from the right pocket of pant worn by the petitioner, who was apprehended while travelling by car—Question of conscious possession involved–Bail granted

By phlaw| 2020-09-20T11:14:32+05:30 September 20th, 2020|Categories: Bail - Narcotics|

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Anticipatory Bail—Successive bail applications are maintainable if there is change in fact situation Anticipatory Bail—Embezzlement of Amount—First bail application was dismissed due to non-deposit of amount involved—Now, amount has been deposited alongwith interest—Second anticipatory bail application allowed

Anticipatory Bail

Anticipatory Bail—Successive bail applications are maintainable if there is change in fact situation Anticipatory Bail—Embezzlement of Amount—First bail application was dismissed due to non-deposit of amount involved—Now, amount has been deposited alongwith interest—Second anticipatory bail application allowed

By phlaw| 2020-09-20T11:11:23+05:30 September 20th, 2020|Categories: Anticipatory Bail|

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Reduction in Sentence—Outraging modesty of woman—Petitioner is first time offender—Sentence reduced to period already undergone subject to payment of compensation to victim

Reduction in Sentence

Reduction in Sentence—Outraging modesty of woman—Petitioner is first time offender—Sentence reduced to period already undergone subject to payment of compensation to victim

By phlaw| 2020-09-20T11:03:59+05:30 September 20th, 2020|Categories: Reduction in Sentence|

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Muslim Law—Marriageable Age—”Puberty and majority”in the Muslim Law are one and the same thing—A boy or girl, who has attained puberty, is at liberty to marry any one he or she likes and the guardian has no right to interfere

Muslim Law

Muslim Law—Marriageable Age—”Puberty and majority”in the Muslim Law are one and the same thing—A boy or girl, who has attained puberty, is at liberty to marry any one he or she likes and the guardian has no right to interfere

By phlaw| 2020-09-16T13:13:23+05:30 September 16th, 2020|Categories: Muslim Law|

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Recovery of Crackers-Anticipatory Bail-Petitioner had applied for renewal of license for storing the crackers under Act of 1884- -Recovery has already been effected-Without commenting on merits; bail granted

Bail Granted

Recovery of Crackers-Anticipatory Bail-Petitioner had applied for renewal of license for storing the crackers under Act of 1884- -Recovery has already been effected-Without commenting on merits; bail granted

By phlaw| 2020-09-16T12:47:43+05:30 September 16th, 2020|Categories: Bail Granted|

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Bail–Murder~DNA profile—As per the FSL report necessary DNA profile could not be obtained from teeth extracted from the skeleton, necessary to compare it with DNA profile of the mother of deceased—Bail granted

Bail Granted

Bail–Murder~DNA profile—As per the FSL report necessary DNA profile could not be obtained from teeth extracted from the skeleton, necessary to compare it with DNA profile of the mother of deceased—Bail granted

By phlaw| 2020-09-16T12:40:12+05:30 September 16th, 2020|Categories: Bail Granted|

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Dishonour of Cheque—Dismissal of complaint—It does not give a handle to the accused to launch the defamation proceedings against the complainant

Cheque Bounce

Dishonour of Cheque—Dismissal of complaint—It does not give a handle to the accused to launch the defamation proceedings against the complainant

By phlaw| 2020-09-16T12:37:23+05:30 September 16th, 2020|Categories: Cheque Bounce|

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Dishonour of Cheque—Time barred Debt—There was no acknowledgment of the said debt by the accused within the period of three years i.e. the limitation period to recover the debt—Complaint quashed

Cheque Bounce

Dishonour of Cheque—Time barred Debt—There was no acknowledgment of the said debt by the accused within the period of three years i.e. the limitation period to recover the debt—Complaint quashed

By phlaw| 2020-09-16T12:23:50+05:30 September 16th, 2020|Categories: Cheque Bounce|

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Anticipatory Bail—Cheating—Money taken for sending abroad—Prima facie parties have other money transactions between them—Bail granted

Anticipatory Bail

Anticipatory Bail—Cheating—Money taken for sending abroad—Prima facie parties have other money transactions between them—Bail granted

By phlaw| 2020-09-16T12:19:41+05:30 September 16th, 2020|Categories: Anticipatory Bail|

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DB : Reconsider The Decision To Scrap Entrance Test For 5-Year Law Course: P&H HC Directs Panjab University

Education

DB : Reconsider The Decision To Scrap Entrance Test For 5-Year Law Course: P&H HC Directs Panjab University

By phlaw| 2020-09-14T20:25:42+05:30 September 14th, 2020|Categories: Education|

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NDPS – COVID – Bail granted – HELD “There is no doubt that the rigors of Section 37 would have to be met before the sentence of a convict is suspended and bail granted and mere passage of time cannot be a reason for the same.”

Bail - Narcotics

NDPS – COVID – Bail granted – HELD “There is no doubt that the rigors of Section 37 would have to be met before the sentence of a convict is suspended and bail granted and mere passage of time cannot be a reason for the same.”

By phlaw| 2020-09-13T14:36:43+05:30 September 13th, 2020|Categories: Bail - Narcotics|

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Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. HELD merely because the petitioner is involved in four other cases, would not be a valid ground to deny him release on parole. It cannot be disputed that the purpose of release is to make sure that the prisoner as such meets with his family members and the general public. It is a reformative process, whereby a convict is reintroduced to normal life

Parole

Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. HELD merely because the petitioner is involved in four other cases, would not be a valid ground to deny him release on parole. It cannot be disputed that the purpose of release is to make sure that the prisoner as such meets with his family members and the general public. It is a reformative process, whereby a convict is reintroduced to normal life

By phlaw| 2020-09-11T19:01:59+05:30 September 11th, 2020|Categories: Parole|

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Bail—Narcotics—Commercial Quantity recovered from co-accused— Petitioner was arrested on next day and 6 gms of heroin was recovered from him—Bail granted

Bail - Narcotics

Bail—Narcotics—Commercial Quantity recovered from co-accused— Petitioner was arrested on next day and 6 gms of heroin was recovered from him—Bail granted

By phlaw| 2020-09-10T18:26:33+05:30 September 10th, 2020|Categories: Bail - Narcotics|

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Bail~Narcotics–Personal Search—Petitioner was given option for search by a “Gazetted Police Officer’—Such an offer is not valid—Bail granted

Bail - Narcotics

Bail~Narcotics–Personal Search—Petitioner was given option for search by a “Gazetted Police Officer’—Such an offer is not valid—Bail granted

By phlaw| 2020-09-10T18:24:57+05:30 September 10th, 2020|Categories: Bail - Narcotics|

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Bail or Jail—Purpose of detention during trial is to secure presence and not punishment—Bail is the rule and jail an exception Bail—Forgery—Trial to take long time in view of number of witnesses to be examined and documents to be produced—Bail granted

Bail Granted

Bail or Jail—Purpose of detention during trial is to secure presence and not punishment—Bail is the rule and jail an exception Bail—Forgery—Trial to take long time in view of number of witnesses to be examined and documents to be produced—Bail granted

By phlaw| 2020-09-10T18:22:09+05:30 September 10th, 2020|Categories: Bail Granted|

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Misappropriation of Dowry Articles—There is no specific allegation of any entrustment of any article having been made to any of the respondents-No offence u/s 406IPC is made out

Dowry Prohibition

Misappropriation of Dowry Articles—There is no specific allegation of any entrustment of any article having been made to any of the respondents-No offence u/s 406IPC is made out

By phlaw| 2020-09-10T18:17:22+05:30 September 10th, 2020|Categories: Dowry Prohibition|

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Rape–Reduction in Sentence—Appellant has already undergone 02 years, 08 months and 28 days, out of the total sentence of 03 years—Sentence of the appellant is reduced to the period already undergone

Reduction in Sentence

Rape–Reduction in Sentence—Appellant has already undergone 02 years, 08 months and 28 days, out of the total sentence of 03 years—Sentence of the appellant is reduced to the period already undergone

By phlaw| 2020-09-10T18:15:18+05:30 September 10th, 2020|Categories: Reduction in Sentence|

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