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October 2020

Bail—NDPS—Personal Use—Recovery of 13 injections of Buprenorphine 2 ml each—100 doses of such psychotropic substances could be retained for personal medical use—Bail granted

By | October 26th, 2020|Bail - Narcotics|

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Held; once cheque for total outstanding was issued than earlier cheque for payment of EMI becomes unenforceable—Complainant could not be allowed to recover the same loan amount twice-Present complaint dismissed-Accused acquitted.

By | October 25th, 2020|Cheque Bounce|

Comments Off on Held; once cheque for total outstanding was issued than earlier cheque for payment of EMI becomes unenforceable—Complainant could not be allowed to recover the same loan amount twice-Present complaint dismissed-Accused acquitted.

Arms Act—Licensed weapon—Substantive charge under Section 307 IPC was not proved—Conviction under the Arms Act is also not sustainable

By | October 25th, 2020|Acquittal|

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Narcotics—Seal Impressions—Order of Judicial Magistrate and report of Chemical Examiner does not mention about seal impression by SHO on case property—Link evidence missing—Accused acquitted

By | October 25th, 2020|Narcotics|

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Abetment to Suicide—Instigation—A word uttered in a fit of anger or emotion without intending the consequences to actually follow, it cannot be said to be instigation —No evidence of un-natural death by way of post mortem examination or inquest proceedings—Acquittal

By | October 4th, 2020|Acquittal|

Comments Off on Abetment to Suicide—Instigation—A word uttered in a fit of anger or emotion without intending the consequences to actually follow, it cannot be said to be instigation —No evidence of un-natural death by way of post mortem examination or inquest proceedings—Acquittal

Land Acquisition—Market Value—Sale Instance of land in proximity of the acquired land cannot be discarded merely due to their smallness in size and due to fact that same were sold to a common buyer by closely related family members

By | October 4th, 2020|Land Acquisition|

Comments Off on Land Acquisition—Market Value—Sale Instance of land in proximity of the acquired land cannot be discarded merely due to their smallness in size and due to fact that same were sold to a common buyer by closely related family members

Agreement to Sell—Proof of Execution—Attestation by a Notary Public is of the same date, as is the date of the execution of the agreement itself— Register of the Notary Public, bears the signatures of both the parties-Execution of agreement stands established —Acquisition of Land-Issuance of the preliminary notification of acquisition—Agreement can still be enforced

By | October 4th, 2020|Specific Performance|

Comments Off on Agreement to Sell—Proof of Execution—Attestation by a Notary Public is of the same date, as is the date of the execution of the agreement itself— Register of the Notary Public, bears the signatures of both the parties-Execution of agreement stands established —Acquisition of Land-Issuance of the preliminary notification of acquisition—Agreement can still be enforced

Service Law—Suppression of material facts—Candidate in an application form for appointment answered “NO” to a question “have you ever been convicted for any criminal offence involving moral turpitude?”—On verification he was found involved in a FIR u/s 307 IPC—Candidate cannot be held guilty of suppression of material facts, concealment or of speaking the untruth

By | October 4th, 2020|Service Cases|

Comments Off on Service Law—Suppression of material facts—Candidate in an application form for appointment answered “NO” to a question “have you ever been convicted for any criminal offence involving moral turpitude?”—On verification he was found involved in a FIR u/s 307 IPC—Candidate cannot be held guilty of suppression of material facts, concealment or of speaking the untruth

Divorce—Irretrievable breakdown of marriage—Family Court and neither High Court is a mender of broken hearts Divorce—Second Petition—Subsequent Event—Second petition can be filed based on subsequent sets of cruelty Divorce—Res judicata—In matrimonial matters, the rigours of the doctrine of res judicata and principles in O.2 R.2 CPC have to be viewed liberally

By | October 1st, 2020|Divorce|

Comments Off on Divorce—Irretrievable breakdown of marriage—Family Court and neither High Court is a mender of broken hearts Divorce—Second Petition—Subsequent Event—Second petition can be filed based on subsequent sets of cruelty Divorce—Res judicata—In matrimonial matters, the rigours of the doctrine of res judicata and principles in O.2 R.2 CPC have to be viewed liberally

DB : Divorce—HIV positive—Where one spouse is suffering from HIV positive, the other spouse is entitled to get the decree of divorce

By | October 1st, 2020|Divorce|

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Bail—Abetment of Suicide—Petitioner is a victim in the FIR u/s 307 IPC, wherein deceased was an accused—Petitioner was under treatment at the relevant time—Bail granted

By | October 1st, 2020|Bail Granted|

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Service Law—Reversion—Petitioner was promoted subject to the approval of amended rules—The approval was never rejected up till his retirement–Impugned order of reversion after retirement set aside

By | October 1st, 2020|Service Cases|

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Education Law—LLM Course—Petitioner could not clear one subject in the course despite revaluation—Petitioner was a meritorious student in L.L.B does not mean that her performance cannot fall—Writ dismissed

By | October 1st, 2020|Education|

Comments Off on Education Law—LLM Course—Petitioner could not clear one subject in the course despite revaluation—Petitioner was a meritorious student in L.L.B does not mean that her performance cannot fall—Writ dismissed

IMP:: Education Law—Grouping of students in different class sections on basis of marks in previous class–Such an action is arbitrary, discriminatory and violations of child rights

By | October 1st, 2020|Education|

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Punjab Land Revenue Act, 1887, S.122–Partition Proceedings-Proof of delivery of actual/physical possession—Instrument of partition or sanction of mutation are not evidence of delivery of possession—Delivery of actual/physical possession can be only through an order passed under S. 122 of 1887 Act.

By | October 1st, 2020|Punjab Land Revenue Act|

Comments Off on Punjab Land Revenue Act, 1887, S.122–Partition Proceedings-Proof of delivery of actual/physical possession—Instrument of partition or sanction of mutation are not evidence of delivery of possession—Delivery of actual/physical possession can be only through an order passed under S. 122 of 1887 Act.

Oral Agreement—Oral evidence cannot be considered for the purpose of contradicting, varying, adding to, or subtracting from the terms of a registered document

By | October 1st, 2020|Evidence - Civil|

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