February 2020

Secondary Evidence—Issue regarding admissibility of secondary evidence could be adjudicated while deciding the case finally Secondary Evidence—Discretion to control evidence completely vests in the Court and a litigant cannot insist to firstly decide the admissibility of secondary evidence and then proceed further

By | February 21st, 2020|Categories: Seconday Evidence|

Accident—Claim Petition—Hyper technical approach is not to be adopted while adjudicating such type of petitions Accident—Claim Petition—Judgment of a criminal Court is not binding upon the Civil Court or Tribunal under motor vehicle act—The Tribunal has to reach its own conclusion on the basis of evidence adduced before it

By | February 21st, 2020|Categories: Claim Petition|

Accident—Negligence—Contributory Negligence cannot be attributed on ground of assumptions, presumptions, and conjectures by observing that some contributory negligence may also be involved Accident—Income of deceased—Testimony of partner of firm where deceased was working, not to be discarded merely because the said firm had lasted only for one year

By | February 21st, 2020|Categories: Negligence|

[DIVISION BENCH] Restitution of Conjugal Rights—Allegations of cruelty by husband not proved in petition under S.13 HMA—Same allegations also stands negated in proceedings under S. 9 HMA

By | February 21st, 2020|Categories: Restitution of Conjugal Rights|

Service Law–Gratuity–Withholding of Gratuity—A charge-sheet which has been served upon an employee after his/her retirement, cannot give a right to the employer to withhold the gratuity as the position is to be seen on the date of retirement and not subsequent Service Law—Gratuity—Withholding of Gratuity beyond jurisdiction-­Petitioner held entitled to interest on the gratuity amount @9% per annum from the date it became due till its payment

By | February 21st, 2020|Categories: Service Cases|

[DIVISION BENCH] Divorce—Cruelty—Spouse being compelled to stay in a dead marriage by itself constitutes mental cruelty Divorce—Cruelty—Absolute withdrawal by husband from the company of not only the wife but also the life of his children, would constitute mental cruelty

By | February 21st, 2020|Categories: Mental Cruelty|

Sanction for Prosecution—Excesses by Police—Respondents were brutally beaten by police officials were called at police station to join investigation—Protection u/s 197 CrPC not available to police for causing grievous hurt in that manner

By | February 21st, 2020|Categories: Sanction for Prosecution|

Dishonour of Cheque—Rebuttal of Presumption—It is permissible for the accused to rebut the same on the basis of evidence led by the prosecution—It is not necessary for the accused to lead evidence in defence to rebut the presumption

By | February 21st, 2020|Categories: Cheque Bounce|

Specific Relief Act, 1963, S.38–Permanent Injunction—Plaintiff sought injunction against defendants claiming that he had purchased the plot from defendants over which he had raised construction—Only thing is to be seen whether plaintiff is in legal possession and question of title is not to be adjudicated

By | February 21st, 2020|Categories: Injunction|

“Section 125 CrPC has to be interpreted in a manner as to advance justice and to protect a woman for whose benefit the provisions have been engrafted.” HELD Application of Section 362 (CrPC) can be relaxed in proceedings under Section 125 (CrPC)

By | February 20th, 2020|Categories: Maintenance|

[DIVISION BENCH] Divorce–Desertion–Wife was compelled due to the misdeeds of the husband to stay away from him, for which he cannot be allowed to take advantage and expect Court to perpetuate the same

By | February 18th, 2020|Categories: Matrimonial Cases|

Accident—Income of Deceased—Deceased was working and vegetable vendor—In absence of any proof his income can be taken as Rs.9000/- p.m as that of skilled worker as per minimum pages prevalent in Punjab in the year 2016—Total compensation of about Rs.20.5 lakhs awarded.

By | February 18th, 2020|Categories: Income|

[DIVISION BENCH] Divorce—Cruelty~The very fact that there was a written complaint made by the wife to the police of she having been sprinkled with kerosene oil by the husband goes a long-way to establish and leaves no manner of doubt that the wife was indeed being subjected to acute physical and material torture-Divorce granted in favour of wife

By | February 18th, 2020|Categories: Matrimonial Cases|

[DIVISION BENCH] Custody of Child—Given to Father—Mother had willfully deserted children continuously for almost 07 years and 4 months—Custody of children to remain with father, however mother given visitation rights

By | February 18th, 2020|Categories: Matrimonial Cases|

-Accident–Personal Expenses—Deceased being 25 years of age would have definitely contributed to the income of the family compromising of widow, minor son and mother besides the father-­ Hence, no interference in the deduction of I/4th is required.  

By | February 18th, 2020|Categories: Income|

[DIVISION BENCH] Custody of Child—Mother is natural guardian—Grandparents cannot claim custody of the minor child as a matter of legal right Custody of Child—Financial condition of mother—Even if she is drawing a salary which is a pittance as compared to what the grand parents of child can afford, it would be travesty of justice and unfair to deprive a mother the custody of her minor child just because of her limited and inferior means

By | February 18th, 2020|Categories: Guardian & Wards|

Additional Evidence—Suit should not normally be dismissed on technicality just because the plaint is not signed by the competent person and that too without giving sufficient opportunity to rectify the error or to allow the party to lead evidence to prove the same

By | February 16th, 2020|Categories: Additional Evidence|

Eviction—Personal Necessity—Amendment of Pleading—After cross-examination, landlord sought to amend the pleading that in place of lubrication dealer he want to open shop of selling medicines due to subsequent of grant of license for same—Amendment would not amount to recalling of any admission

By | February 16th, 2020|Categories: Amendment of Plaint|