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June 2019

Motor Vehicles Act, 1988, S.166–Accident–Multiplier~Multiplier has to be applied with reference to age of deceased and not of the claimants.

By | June 12th, 2019|Multiplier|

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Narcotics—Directions issued to register cases under Money Laundering Act> against all the convicts, who are convicted under NDPS Act, throughout the State of Punjab within a period of three months from today to curb the illegal transportation of narcotic drugs and psychotropic substances and also to prevent money laundering. Narcotics—Directions issued to register case under S.27-A NDPS Act who are involved in financing, directly or indirectly in any of the activities specified under the Act or harbours any person engaged in any of the activities as per the Act, to reduce the menace of drugs abuse in the society, immediately Narcotics—To eradicate the menace of drugs in State of Punjab, certain mandatory directions issued and also directed to strictly enforce Section 71 of the NDPS Act

By | June 12th, 2019|Narcotics|

Comments Off on Narcotics—Directions issued to register cases under Money Laundering Act> against all the convicts, who are convicted under NDPS Act, throughout the State of Punjab within a period of three months from today to curb the illegal transportation of narcotic drugs and psychotropic substances and also to prevent money laundering. Narcotics—Directions issued to register case under S.27-A NDPS Act who are involved in financing, directly or indirectly in any of the activities specified under the Act or harbours any person engaged in any of the activities as per the Act, to reduce the menace of drugs abuse in the society, immediately Narcotics—To eradicate the menace of drugs in State of Punjab, certain mandatory directions issued and also directed to strictly enforce Section 71 of the NDPS Act

Mere oral assertion that owner died in 1945 i.e. prior to coming into force of Act of 1956 cannot be accepted~If the age of plaintiff witnesses is considered then they cannot have personal knowledge about factum of death in the year 1945, therefore, their testimony cannot be looked into for this purpose- Plaintiff failed to discharge the burden of proving his case—Property to be inherited as per S.9 equally among class-II heirs.    

By | June 12th, 2019|Succession Act|

Comments Off on Mere oral assertion that owner died in 1945 i.e. prior to coming into force of Act of 1956 cannot be accepted~If the age of plaintiff witnesses is considered then they cannot have personal knowledge about factum of death in the year 1945, therefore, their testimony cannot be looked into for this purpose- Plaintiff failed to discharge the burden of proving his case—Property to be inherited as per S.9 equally among class-II heirs.    

IMP ::: Accident—Income of Housewife—Notional Income of deceased house wife can be assessed as one-third of the salary of her husband

By | June 12th, 2019|Income|

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IMP ::: Accident—Claim Petition—Withdrawal of first claim petition without adjudication on merits—Claimant not debarred from filing second claim petition.

By | June 12th, 2019|Claim Petition|

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Remand of Case—When no finding was given by trial court on one of the preliminary issues framed then appellate court should decide that issue itself rather than remanding the case

By | June 12th, 2019|Remand of case|

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Eviction-Subletting- Tenant had taken premises on rent from previous owner and was running a partnership firm since then–New owner was aware of this fact and allowed the tenant to continue on oral tenancy—New owner/landlord now cannot contend that tenant has taken premises in his individual capacity and without his consent has sub-let the premises to a firm- Eviction petition dismissed.

By | June 7th, 2019|Punjab Rent Act|

Comments Off on Eviction-Subletting- Tenant had taken premises on rent from previous owner and was running a partnership firm since then–New owner was aware of this fact and allowed the tenant to continue on oral tenancy—New owner/landlord now cannot contend that tenant has taken premises in his individual capacity and without his consent has sub-let the premises to a firm- Eviction petition dismissed.

Additional Evidence—After closure of evidence—Deletion of the provision under Order 18 Rule 17-A CPC, did not mean that no evidence can be received at all after a party closes its evidence.

By | June 7th, 2019|Additional Evidence|

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Agreement to Sell—Specific Performance—Mere admission of signatures on the agreement to sell does not make it a valid and legal document and it does not mean that the contents of the same are admitted

By | June 7th, 2019|Specific Performance|

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Eviction–Mense Profits- -Last paid rent was Rs. 7000/- per month and from last 11 years there was no increase when normally there is an escalation clause each year— Therefore, fixing of Rs. 12,000/- per month as mense profits cannot be held to be excessive. 

By | June 7th, 2019|Punjab Rent Act|

Comments Off on Eviction–Mense Profits- -Last paid rent was Rs. 7000/- per month and from last 11 years there was no increase when normally there is an escalation clause each year— Therefore, fixing of Rs. 12,000/- per month as mense profits cannot be held to be excessive. 

Premises were taken for manufacturing of radio and other electronic goods- Tenant without the consent of landlord started using premises for godown purpose-Held; Using premises for a godown is clearly and distinctly different from the purpose for which premises were let out-Eviction upheld

By | June 7th, 2019|Punjab Rent Act|

Comments Off on Premises were taken for manufacturing of radio and other electronic goods- Tenant without the consent of landlord started using premises for godown purpose-Held; Using premises for a godown is clearly and distinctly different from the purpose for which premises were let out-Eviction upheld

Accident—Disability—In case of permanent disability  the injured is entitled to grant of compensation towards permanent disability as well as loss of earning capacity in future

By | June 6th, 2019|Future Prospects|

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Accident—Just Compensation—More than claimed—Court is duty bound to award just compensation irrespective of the fact whether any such plea was raised by the claimant or not

By | June 6th, 2019|Claim Petition|

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Cheating-Bail–As per FIR Rs.28 lakhs were given as loan and petitioner had issued cheques for return of that amount but from a closed account-However, there are only two transactions in the bank totaling Rs.2 lakhs—Keeping in view, that petitioner is in custody from last about 45 days, bail granted

By | June 6th, 2019|Bail|

Comments Off on Cheating-Bail–As per FIR Rs.28 lakhs were given as loan and petitioner had issued cheques for return of that amount but from a closed account-However, there are only two transactions in the bank totaling Rs.2 lakhs—Keeping in view, that petitioner is in custody from last about 45 days, bail granted

Held; the proceedings are regarding dissolution of marriage-It would be against the interest of the parties that such proceedings are proceeded against ex-parte- -It would be appropriate to afford an opportunity to the petitioner to defend the proceedings under Section 13 of the Act-Bx-parte order set aside

By | June 6th, 2019|Exparte Decree|

Comments Off on Held; the proceedings are regarding dissolution of marriage-It would be against the interest of the parties that such proceedings are proceeded against ex-parte- -It would be appropriate to afford an opportunity to the petitioner to defend the proceedings under Section 13 of the Act-Bx-parte order set aside

Amendment of Written Statement—At later stage—Inadvertent mistake even though due to negligence but necessary for just decision can be allowed.

By | June 6th, 2019|Amendment of written statement|

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Arbitration Agreement—Photocopy of Agreement along with application for appointment of arbitrator can be considered by court if there is no dispute between the parties with regard to such agreement

By | June 6th, 2019|Arbitration|

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Rebuttal Evidence-In absence of rebuttal issue, the plaintiff cannot be permitted to lead the evidence in rebuttal despite the fact that he had reserved the right to rebut the evidence

By | June 5th, 2019|Rebuttal Evidence|

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