November 2019

Dishonour of Cheque- Probable Defence-Acquittal—Admittedly, complainant had accompanied the accused for opening of account and also stood as his gurantor-Complainant was also present when cheque book was issued to accused—Complainant failed to prove the legal liability against which cheque was issued-Accused took defence that he did not knew how to operate bank account and complainant had got done all the formalities and had misused the cheque- -Defence taken by accused is probable—Presumption of Debt stands rebutted-Accused acquitted.

By | November 17th, 2019|Categories: Cheque Bounce|

-Bail-NDPS- Commercial Quantity-Recovery of 5.5 grams of Diphenoxylate which is marginally above commercial quantity and petitioner had earlier jumped bail also-Without commenting on merits bail granted

By | November 17th, 2019|Categories: Bail - Narcotics|

Attempt to Murder-Bail-Contention that invocation ofS.307 IPC is debatable since all the injuries are on arm and leg- -Petitioner has been in custody for about 5 months-Without commenting on merits; bail granted

By | November 17th, 2019|Categories: Bail Granted|

Bail- NDPS-Commercial Quantity-Recovery of two bags of 35 kgs each of poppy husk which is marginally above the commercial quantity-Petitioner in custody for about 8 months-Without commenting of merits bail granted-

By | November 17th, 2019|Categories: Bail - Narcotics|

Bail-NDPS- Commercial Quantity-Recovery of 113 kgs of Ganja from a room which has been locked from last 3 months-Contention that if the room was locked for 3 months it cannot be said that ganja was stocked there by the petitioner who was tenant and was not present there from last 3 months-Petitioner is in custody from 2 months and 24 days-Without commenting on merits; bail granted

By | November 17th, 2019|Categories: Bail - Narcotics|

East Punjab Urban Rent Restriction Act, 1949 – Sections 13-B and 18-A – Constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 – Right of Non-Resident Indians to initiate eviction under the summary procedure provided in Section 18-A of the Rent Act is not an unfettered and absolute right – Held such amendment, Constitutional

By | November 17th, 2019|Categories: Punjab Rent Act|

Bail-NDPS- Commercial Quantity-Recovery of 113 kgs of Ganja from a room which has been locked from last 3 months-Contention that if the room was locked for 3 months it cannot be said that ganja was stocked there by the petitioner who was tenant and was not present there from last 3 months-Petitioner is in custody from 2 months and 24 days-Without commenting on merits; bail granted

By | November 15th, 2019|Categories: Bail - Narcotics|

Prevention of Corruption Act, 1988, S.7-Bribe-Anticipatory Bail-Contention that only allegation against the petitioner is that he took money from complainant to main accused-No allegation that petitioner knew about the alleged bribe-Bail granted

By | November 15th, 2019|Categories: Anticipatory Bail|

SARFAESI—Secured Assets—Proceedings under the SARFAESI Act would hold primacy over any Central or State Legislature attaching the property SARFAESI—Secured Creditor—Right of a secured creditor to realise a secured debt shall have priority over all debts and government dues including revenues, taxes, cesses and rates due to the Central Government, State Government or Local Authority

By | November 15th, 2019|Categories: SARFEASI|

Corruption—Sanction for Prosecution—No new material has been pointed out which would may have been brought before the authority for obtaining subsequen t sanction—Proceedings quashed Corruption—Sanction from Prosecution—Not granted by competent authority—Prosecution liable to be quashed

By | November 15th, 2019|Categories: Sanction for Prosecution|

Railways—Untoward Incident—Merely not finding of a ticket from the dead body would not be sufficient to prove that the deceased was a ticket-less passenger Railways—Untoward Incident—If the provision of law had provided for enhanced compensation after date of accident than such compensation would be payable

By | November 15th, 2019|Categories: Railways Act|

Criminal Procedure Code, 1973, S.320–Non-Compoundable Offence- Compromise between the parties—Court may, in view of the compromise arrived at between the parties, reduce the sentence imposed while maintaining the conviction.

By | November 15th, 2019|Categories: Reduction in Sentence|

Transfer Petition—Divorce Petition—Court does not have to see the convenience of the attorney Transfer Petition—Divorce Petition—Merely because husband’s father is a Senior Advocate where petition is pending does not mean that he is capable of interfering in judicial proceedings or would do so

By | November 15th, 2019|Categories: Transfer of Civil cases|

SARFAESI—Non-Performing Assets—Bank is required to issue notice and provide opportunity to rectify the loan account to the borrower before declaring its account as NPA—In absence of such notice/opportunity all consequential actions taken by bank are liable to be set aside SARFAESI—Non-Performing Assets—An account which has some temporary deficiencies should not be classified as NPA SARFAESI—Mere issuance of notice under S.13(2) does not confer right to borrower to approach Civil Court or DRT

By | November 12th, 2019|Categories: SARFEASI|

Bail Bond-Forfeiture of Surety-Passport of appellant was released to travel abroad—However, when passport was returned it was changed-Since passport was damaged and fresh passport was issued by High Commission of foreign country-Therefore, circumstances were beyond the control of appellant which forced him to overstay in foreign country beyond the permission of Court—Impugned order of forfeiture of Bank Guarantee given as surety set aside.

By | November 12th, 2019|Categories: Foreign Travel|

Maintenance—Direct Transfer—Direction issued to employer of husband (State Government) to directly transfer the arrears and future maintenance amount from his salary directly in bank account of wife so that she and her children are not forced to approach Court again and again

By | November 12th, 2019|Categories: Maintenance|

Bail Bonds—Forfeiture of—Mere failure to appear before the court, in absence of any willfulness, would not amount to “a breach” Bail—Cancellation of—Notice—Magistrate is required to issue notice to the accused so as to afford him an opportunity to explain as to why the bail should not be cancelled Bail—At the time of dealing with the bail and cancellation of bail, a Judge has to adopt a humanitarian approach.

By | November 11th, 2019|Categories: Bail - Cancellation|

Cruelty to Wife—For proving the offence under Section 498-AIPC, proof of valid marriage is not an essential requirement Customary Marriage—Chunni Ceremony—When the husband himself choose a special form of marriage thereafter he resided and cohabited with his wife; he is estopped from denying the same to be a valid form of marriage

By | November 11th, 2019|Categories: Matrimonial Cases|