October 2020

Held; once cheque for total outstanding was issued than earlier cheque for payment of EMI becomes unenforceable—Complainant could not be allowed to recover the same loan amount twice-Present complaint dismissed-Accused acquitted.

By | October 25th, 2020|Categories: Cheque Bounce|

Narcotics—Seal Impressions—Order of Judicial Magistrate and report of Chemical Examiner does not mention about seal impression by SHO on case property—Link evidence missing—Accused acquitted

By | October 25th, 2020|Categories: Narcotics|

Abetment to Suicide—Instigation—A word uttered in a fit of anger or emotion without intending the consequences to actually follow, it cannot be said to be instigation —No evidence of un-natural death by way of post mortem examination or inquest proceedings—Acquittal

By | October 4th, 2020|Categories: Acquittal|

Land Acquisition—Market Value—Sale Instance of land in proximity of the acquired land cannot be discarded merely due to their smallness in size and due to fact that same were sold to a common buyer by closely related family members

By | October 4th, 2020|Categories: Land Acquisition|

Agreement to Sell—Proof of Execution—Attestation by a Notary Public is of the same date, as is the date of the execution of the agreement itself— Register of the Notary Public, bears the signatures of both the parties-Execution of agreement stands established —Acquisition of Land-Issuance of the preliminary notification of acquisition—Agreement can still be enforced

By | October 4th, 2020|Categories: Specific Performance|

Service Law—Suppression of material facts—Candidate in an application form for appointment answered “NO” to a question “have you ever been convicted for any criminal offence involving moral turpitude?”—On verification he was found involved in a FIR u/s 307 IPC—Candidate cannot be held guilty of suppression of material facts, concealment or of speaking the untruth

By | October 4th, 2020|Categories: Service Cases|

Divorce—Irretrievable breakdown of marriage—Family Court and neither High Court is a mender of broken hearts Divorce—Second Petition—Subsequent Event—Second petition can be filed based on subsequent sets of cruelty Divorce—Res judicata—In matrimonial matters, the rigours of the doctrine of res judicata and principles in O.2 R.2 CPC have to be viewed liberally

By | October 1st, 2020|Categories: Divorce|

Service Law—Reversion—Petitioner was promoted subject to the approval of amended rules—The approval was never rejected up till his retirement–Impugned order of reversion after retirement set aside

By | October 1st, 2020|Categories: Service Cases|

Education Law—LLM Course—Petitioner could not clear one subject in the course despite revaluation—Petitioner was a meritorious student in L.L.B does not mean that her performance cannot fall—Writ dismissed

By | October 1st, 2020|Categories: Education|

Punjab Land Revenue Act, 1887, S.122–Partition Proceedings-Proof of delivery of actual/physical possession—Instrument of partition or sanction of mutation are not evidence of delivery of possession—Delivery of actual/physical possession can be only through an order passed under S. 122 of 1887 Act.

By | October 1st, 2020|Categories: Punjab Land Revenue Act|

Execution of Decree—Objections were not decided on merits and file was consigned—Party against whom such order is made, may institute a suit to establish the right in the property in dispute

By | October 1st, 2020|Categories: Execution|

September 2020

DNA Test—Claim for Paternity—Defendant (daughter from alleged second wife of deceased) herself is ready to undergo the test—She is running the risk of being declared bastard or her mother as an unchaste woman-Permission granted

By | September 26th, 2020|Categories: Evidence - Civil|

Eviction—NRI Landlord—Petition pending for 17 years—That by itself cannot be a reason to deny the opportunity of hearing to tenant Eviction—Death of Tenant—It was incumbent upon the Court to direct the landlord to file an application for bringing on record the legal heirs

By | September 26th, 2020|Categories: Punjab Rent Act|