October 2019

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 | October 12th, 2019|Categories: Execution|

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 | October 12th, 2019|Categories: Bail|

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 | October 12th, 2019|Categories: Murder|

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 | October 12th, 2019|Categories: 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 | October 11th, 2019|Categories: Bail|

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 | October 11th, 2019|Categories: Bail - Narcotics|

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 | October 11th, 2019|Categories: Anticipatory Bail|

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 | October 11th, 2019|Categories: Additional Evidence|

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 | October 11th, 2019|Categories: Cheque Bounce|

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 | October 11th, 2019|Categories: 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 | October 11th, 2019|Categories: 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 | October 11th, 2019|Categories: Anticipatory 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 | October 11th, 2019|Categories: Bail|

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 | October 9th, 2019|Categories: Co-operative Societies Act|