January 2020

Held; that bona fide requirement claimed by landlord in eviction petition (imparting of free education and free vocational training) does not fall within the purview of tenant to dictate as to which of the property would be suitable for a landlord to run his business-Landlord is the best judge of his own requirement—Eviction upheld.   

By | January 19th, 2020|Categories: Haryana Rent Act|

Additional evidence at Appellate stage—Dismissal of appeal of the appellant on merit by the 1st Appellate Court, without deciding his application for leading additional evidence, in itself amounts to dismissal of said application Additional evidence at Appellate stage–Any such application has to be decided with the main appeal, without passing any interlocutory order

By | January 19th, 2020|Categories: Additional Evidence|

Appellate court by reversing findings of the trial court in respect of maintainability of the suit was required to remit the matter to the trial court for deciding other issues involved in the case

By | January 19th, 2020|Categories: Remand of case|

Murder–Intention to kill-­Alteration of Charge-Appellant gave blow with reverse side of axe on the vital part (brain) of deceased-Other appellants administered beatings to deceased with iron rods~Thus the appellants had intention to cause death of deceased–Hence the cause would be covered u/s 304 Part I and not u/s 304IPC part II–Conviction of appellants modified from S.302 IPC to 304 IPC part I.

By | January 19th, 2020|Categories: Charge|

Held; appellants may not have the intention to kill the deceased but they had the knowledge that in case a person is given kick blows on abdomen, it may cause his death—Conviction converted from S.302 IPC to S.3O4 Part II IPC–Directed accordingly.                       

By | January 19th, 2020|Categories: Charge|

Indian Penal Code, 1860, S.302–Murder–Weapon of Offence-Acquittal- Prosecution story that accused had cause head injury with brick and said brick was recovered from house of accused but there was no blood stains HELD brick was not sent for forensic examination-Accused acquitted.

By | January 19th, 2020|Categories: Acquittal|

Rape—Minor Girl—Determination of age—When in the school transfer certificate name of original school from which student was transferred, was not mentioned, such certificate could not be relied upon

By | January 19th, 2020|Categories: Rape|

Registration of Marriage—Registrar of marriages cannot refuse to register the marriage merely on the ground that the party of marriage was below the prescribed age at the time of marriage even though they have attained the marriageable age at the time of giving application for registration of marriage

By | January 19th, 2020|Categories: Constitution of India|

Parole– Marriage of Son–Non completion of one year of imprisonment after conviction- -Held; that the restriction of one year of imprisonment after conviction to be eligible for temporary release had been imposed by Rule 4 of the 2007 Rules and it could not supersede the substantive provisions of the Act, which contained no such restriction-Parole granted.    

By | January 15th, 2020|Categories: Parole|

Parole-Non completion of one year of imprisonment after conviction- Even in such a case it would be open to the court to consider their entitlement to release for a limited period if the peculiar facts and circumstances of the case so warrant.

By | January 14th, 2020|Categories: Parole|

Closing of Evidence—Non presence of witness—If a witness does not appear despite service, the trial Court must adopt coercive steps to secure their presence rather than closing the evidence

By | January 14th, 2020|Categories: Cheque Bounce|

Dishonour of Cheque–Re-examination of complainant–For placing on record partnership deed of the firm—Petition allowed for the limited purpose of tendering the partnership deed on record and not on other aspects qua which his cross-examination has already been effected

By | January 14th, 2020|Categories: Cheque Bounce|

Written Statement–Non filing of within 90 days-Striking off defence—Held; Delay in filing written statement was because of his medical condition and the fact that he was availing his legal remedies before the Trial Court as also in line with the principles of natural justice so as not to preclude the petitioner from raising his written defence at the threshold of the litigation filed against him-Permission granted to file written statement subject to costs. 

By | January 14th, 2020|Categories: Written Statement|

Written Statement-Non filing of within 90 days-Striking off defence after granting only one effective opportunity to file written statement is a harsh step-Petitioner allowed to file written statement.

By | January 14th, 2020|Categories: Written Statement|

Kidnapping–Rape–Bail-Victim is major-Her wavering stand and also that of her father during investigation raises a debatable issue over the applicability of offence under S.363 and S.376 IPC which can only be adjudicated at the time of trial–In such circumstances, it would be the travesty of justice by the keeping accused behind the bars—Bail granted

By | January 14th, 2020|Categories: Bail Granted|

Outraging modesty of Woman-Anticipatory Bail-Allegation that petitioner has outraged the modesty of complainant in the manner described in the complaint-However, there is no offence shown to be made out in FIR as punishable u/s 354 IPC-Anticipatory bail granted

By | January 13th, 2020|Categories: Anticipatory Bail|

Narcotics—Disposal of seized contraband—Taking of Sample by Magistrate- -After Seizure of contraband an application for drawing of a sample and certification thereof, by Magistrate is mandatory Narcotics—Bail—Disposal of seized contraband—Samples were to be drawn by Magistrate where not seen by him—Petitioner held entitled to bail

By | January 13th, 2020|Categories: Bail - Narcotics|

Sexual Harassment at Workplace—Internal Complaints Committee- Bias in selection of Committee persons–Every allegation/ apprehension of bias, even if unfounded, against the Committee or any of its members, would not justify the re-constitution of the Committee or grant of stay on its proceedings

By | January 13th, 2020|Categories: Constitution of India|