May 2019

Bail–NDPS-Conscious possession-Intermediate Quantity-Recovery of 700 tablets (less than commercial quantity) of Diphenoxylate Hydrochloride containing 44 grams of prohibited substance—Debatable question whether each of two accused can be attributed with conscious possession of 700 tablets-­Petitioner is in custody from last 11 months—Bail granted

By | May 24th, 2019|Categories: Bail - Narcotics|

Death of Quick Unborn Child—The requirement is not of causing injury with any sharp edged weapon or any such like weapon, rather “any act” will bring the offence punishable under Section 316 IPC

By | May 24th, 2019|Categories: Charge|

Outraging modesty of women–Kidnapping–Bail–Petitioner was not named in FIR–She has seen petitioners in the police custody and identified them–Statement of prosecutrix that no test identification parade was conducted after arrest of the petitioner and co-accused-Co-accused already on bail-Bail granted

By | May 24th, 2019|Categories: Bail|

Attempt to Murder–Bail-Non recovery of weapon of offence—Allegation against the petitioner is that he caused injuries on the head of the complainant; with kirpan, however, the police has not been able to recover any kirpan from the petitioner-Bail granted

By | May 21st, 2019|Categories: Bail|

Bail–NDPS~ Recovery of 190 injections of containing prohibited substance Buprenorphine Hydroeleride—However, as per the manufacturer details, the quantity of the prohibited substance in the entire recovery comes only to be 0.114 grams which is even less than small quantity prescribed for the substance—Without commenting on merits, bail granted

By | May 20th, 2019|Categories: Bail - Narcotics|

Held; that in such a situation the petitioners could hold a bonafide belief that the present proceedings may not continue—There is sufficient explanation for non-appearance of the petitioners before the learned Rent Controller in the present proceedings-Legal position that tender of rent in separate proceedings cannot be treated to be a valid tender of rent in the present case is not applicable in instant case—Exparte decree set aside

By | May 20th, 2019|Categories: Punjab Rent Act|

Accident—Claim Petition—Mere fact that driver was put to trial on presentation of report under Section 173 Cr.P.C. is not sufficient to record a finding of rashness or/and negligence against driver

By | May 20th, 2019|Categories: Claim Petition|

Misconduct by Arbitrator-­ Appointment of Arbitrator stood cancelled and new arbitrator was appointed-But despite termination of his appointment first arbitrator continue to hold arbitration proceedings and pass awards-Held; Any award passed after termination of appointment is without jurisdiction and is liable to be set aside

By | May 20th, 2019|Categories: Arbitration|

Abetment to Suicide-Summoning of additional accused—Anticipatory bail-Deceased died unnatural death after almost 11 years of marriage—Prosecution failed to convince how deceased has been forcibly administered the poison as alleged; whereas there is nothing suggestive in the post mortem report to that effect—Bail granted

By | May 19th, 2019|Categories: Bail|

Bail–NDPS– Recovery of 750 tablets containing the prohibited substance/Tramodol Hydrochloride-Actual quantity of prohibited substance found is only 73 grams- -Petitioner is not required for any investigation purpose–Without commenting on merits, bail granted

By | May 19th, 2019|Categories: Bail - Narcotics|

Eviction—Personal Necessity—Merely because the landlord’s father was having an office at the backside of the demises premises, does not preclude the landlord from claiming his own bonafide personal necessity

By | May 17th, 2019|Categories: Punjab Rent Act|

Eviction—Personal Necessity—Merely because son of landlord for whose benefits the premises were sought himself has not stepped into the witness box cannot be ground to set aside the eviction petition filed by the landlords

By | May 17th, 2019|Categories: Punjab Rent Act|

Rape–False promise to marry–Bail–Consensual sex-Deposition of prosecutrix transpires that she and the petitioner were in illegal relation-Statement of prosecutrix has already been recorded—Trial to take time-Bail granted-

By | May 17th, 2019|Categories: Bail|

Dishonour of Cheque-Burden of proof—Presumption of debt—Once the signature/execution of cheque is admitted existence of legal debt follows—Therefore, it is for accused to prove that the cheque was not for legal debt or liability.     

By | May 15th, 2019|Categories: Cheque Bounce|

Civil Procedure Code, 1908, O.11 R.I & R.2–Serving of Interrogatories-­Application for serving of interrogatories at the fag end of trial to fill up lacuna and prolong the litigation not to be allowed.

By | May 15th, 2019|Categories: Jurisdiction - Civil Court|

Haryana Urban (Control of Rent & Eviction) Act, 1973, S.13–Eviction— Assessment of Provisional Rent—When the tenant himself denied the liability to pay rent and claimed rent was paid upto date, then there was no occasion for the Rent Controller to pass an interim order to assess

By | May 15th, 2019|Categories: Haryana Rent Act|

Electronic Evidence—Compact disc containing CCTV footage—In the absence of the source from which CDs has originated i.e. the DVR, the data recorded in the CD, may not be admissible

By | May 15th, 2019|Categories: Evidence - Criminal Cases|

Apprehension that petitioner may sell intoxicants during parole—Mere likelihood of committing a crime while on parole would not be a sufficient ground to decline temporary release on parole—No material on record to support such assertion—Application allowed—Narcotics Drugs and Psychotropic Substances Act, 1985, S.22.

By | May 14th, 2019|Categories: Parole|

Parole–Illness of Grandmother-Even though Grandmother is not included within the definition of family as per S.2(b) of the Act but petitioner’s case would be covered under “any other sufficient cause” as provided under S.3(l)(d) of the Act which covers unspecified causes.

By | May 14th, 2019|Categories: Parole|

Appointment of Local Commissioner-­Demarcation Report—Suit for possession—Petitioner based its case on demarcation report by Kanungo—Respondents questioned the report in their written statement as no notice of time of demarcation was given to them—No application was filed by petitioner while leading his evidence for fresh demarcation—Application in midst of respondent evidence held to be not maintainable.                                                        

By | May 13th, 2019|Categories: Local Commissioner|