September 2019
Permalink GalleryAnticipatory Bail-Second Petition- Changed Circumstances—Contention that first application was rejected on incorrect facts-Held; In any case, the earlier order was passed in presence of counsel for the petitioner and if any incorrect facts had been mentioned, the same should have been brought to the notice of the Court there and then-Second petition dismissed in absence of any changed circumstances.
Permalink GalleryBail—Two other cases for dishonor of cheques and one case under Section 420 IPC are pending against the petitioner—These cases are of similar nature as the present case—However, out of 14 witnesses only 2 have been examined till date-Keeping in view that trial to take time and petitioner is not accused of any other serious or heinous criminal offence, bail granted
Permalink GallerySpecific Relief Act, 1963, S.20—Agreement to Sell—Specific Performance— Attachment of Property—Agreement to sell entered into by a judgment-debtor (seller) before the attachment of the property in execution of decree of money suit for recovery would prevail over such attachment—Civil Procedure Code, 1908, S.64
Permalink GalleryAccident—Tort-Feasor—Share which tort-feasor may otherwise liable for, in the compensation amount; have to be deducted. Precedents—If other High Court have taken a different view but own High Court has already considered those judgments and have laid down that the said judgments do not lay down the correct law then those judgments of other High Courts have to be ignored,
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It is to be seen during the course of trial whether the motive attributed to the petitioner for causing injuries to the complainant is on account of civil litigation or for the same civil dispute, it is to involve him falsely as there was injunction in his favour— Petitioner is in custody for 1 year 6 months and 1 days and complainant stands examined—Without commenting on merits bail granted
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FSL report was awaited to verify whether the suicide note was in the handwriting of the deceased or not—Petitioner has remained in judicial custody for 3 months and was on interim bail for 1 year and has not misused the bail—Statement of complainant has been recorded and FSL report has been received—Trial to take to conclude—Without commenting on merits, interim bail made absolute
Permalink GalleryLimitation—Suit for Ownership—Suit filed in 2007 laying challenge to the sale deed executed in 1988—Knowledge of execution of sale deed was admitted in 1995—Held; Provision of Article 58 of Limitation Act would apply, instead of Article 59—Suit held to be rightly barred by limitation—Specific Relief Act, 1963, S.34.