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April 2019

Issue involved in this matter is whether Section 143-A introduced by the Amendment Act No.20 of 2018 in the Negotiable Instruments Act, 1881 has retrospective application or not?As an interim measure, we direct the petitioner to deposit the sum, namely 15% of the cheque amount

By | April 21st, 2019|Cheque Bounce|

Comments Off on Issue involved in this matter is whether Section 143-A introduced by the Amendment Act No.20 of 2018 in the Negotiable Instruments Act, 1881 has retrospective application or not?As an interim measure, we direct the petitioner to deposit the sum, namely 15% of the cheque amount

Provisions of Section 143 A of Negotiable Instruments Act inserted by Amendment Act, 2018 being substantive are prospective in nature – Cannot apply to pending cases.   All provisions relating to punishment, execution, fine and compensation and recovery as contained in Cr.P.C has to be read in conjunction and in harmony with Section Section 143 A of Negotiable Instruments Act. Amendment in Section 148 NIA apply to pending proceedings

By | April 21st, 2019|Cheque Bounce|

Comments Off on Provisions of Section 143 A of Negotiable Instruments Act inserted by Amendment Act, 2018 being substantive are prospective in nature – Cannot apply to pending cases.   All provisions relating to punishment, execution, fine and compensation and recovery as contained in Cr.P.C has to be read in conjunction and in harmony with Section Section 143 A of Negotiable Instruments Act. Amendment in Section 148 NIA apply to pending proceedings

Appellants cannot be deprived of a plot allotted to her merely on the basis that she has not made any grievance in respect of possession of the plot allotted on the basis of technicities. If such allotment is found to be made, the appellant would be entitled to possession of the plot of 250 sq. yards. If it is found that the plot allotted to the appellant is not available, the Registrar or its delegate shall pass such necessary order to redress the grievance of the appellant after giving an opportunity of hearing to the affected persons

By | April 17th, 2019|Co-operative Societies Act|

Comments Off on Appellants cannot be deprived of a plot allotted to her merely on the basis that she has not made any grievance in respect of possession of the plot allotted on the basis of technicities. If such allotment is found to be made, the appellant would be entitled to possession of the plot of 250 sq. yards. If it is found that the plot allotted to the appellant is not available, the Registrar or its delegate shall pass such necessary order to redress the grievance of the appellant after giving an opportunity of hearing to the affected persons

Hindu Succession Act, 1956 – Sections 14, 14(1) and 14(2) – East Punjab Urban Rent Restriction Act, 1949 – Sections 2(c) and 2(i) – Eviction – High Court while setting aside the judgment of the first appellate Court held that Shiv Dev Kaur (having life interest in property) had created a tenancy in favour of the defendant and the relationship of landlord and tenant did not cease to exist on her death. The remedy of the appellants as owners was to seek eviction under prevailing rent control legislation and not by means of a suit for possession

By | April 17th, 2019|Punjab Rent Act|

Comments Off on Hindu Succession Act, 1956 – Sections 14, 14(1) and 14(2) – East Punjab Urban Rent Restriction Act, 1949 – Sections 2(c) and 2(i) – Eviction – High Court while setting aside the judgment of the first appellate Court held that Shiv Dev Kaur (having life interest in property) had created a tenancy in favour of the defendant and the relationship of landlord and tenant did not cease to exist on her death. The remedy of the appellants as owners was to seek eviction under prevailing rent control legislation and not by means of a suit for possession

IMPORTANT::: Bail—Cancellation of—Before passing such an order, the Magistrate is required to afford accused an opportunity to explain as to why bail should not be cancelled Forfeiture of Bail bonds—Mere failure to appear before the court, in the absence of any willfulness on the part of the accused, would not amount to “a breach”

By | April 17th, 2019|Bail - Cancellation|

Comments Off on IMPORTANT::: Bail—Cancellation of—Before passing such an order, the Magistrate is required to afford accused an opportunity to explain as to why bail should not be cancelled Forfeiture of Bail bonds—Mere failure to appear before the court, in the absence of any willfulness on the part of the accused, would not amount to “a breach”

Withdrawal of Suit—Challenge to Compromise—Independent suit is not maintainable—Remedy was to seek recalling of order

By | April 17th, 2019|Jurisdiction - Civil Court|

Comments Off on Withdrawal of Suit—Challenge to Compromise—Independent suit is not maintainable—Remedy was to seek recalling of order

Transfer of Property Act, 1881, S.60–Redemption of Mortgage-Doctrine of Severability-Sale of share by co-sharer-Contention that by applying the doctrine of severability, redemption of the property which was not sold, should have been ordered-Contention rejected-Held; an appropriate remedy for the plaintiffs was to seek partition as alongwith defendants/subsequent vendees, who were the mortgagees had acquired the title of co-ownership-Doctrine of severability cannot be applied in such circumstances as the mortgage deed has to be read as whole and cannot be split.     

By | April 17th, 2019|Transfer of Property Act|

Comments Off on Transfer of Property Act, 1881, S.60–Redemption of Mortgage-Doctrine of Severability-Sale of share by co-sharer-Contention that by applying the doctrine of severability, redemption of the property which was not sold, should have been ordered-Contention rejected-Held; an appropriate remedy for the plaintiffs was to seek partition as alongwith defendants/subsequent vendees, who were the mortgagees had acquired the title of co-ownership-Doctrine of severability cannot be applied in such circumstances as the mortgage deed has to be read as whole and cannot be split.     

Hindu Marriage Act, 1955, S.24–Maintenance-Reduction of–Income of Wife-­ Wife herself is earning Rs.10,600/- per month whereas husband is earning Rs.26,OOO/- per month-Wife is entitled to same amenities had she staying with her husband-Award of Rs.5,OOO/- as maintenance pendente lite reduced to Rs.4,OOO/ – per month. 

By | April 17th, 2019|Maintenance|

Comments Off on Hindu Marriage Act, 1955, S.24–Maintenance-Reduction of–Income of Wife-­ Wife herself is earning Rs.10,600/- per month whereas husband is earning Rs.26,OOO/- per month-Wife is entitled to same amenities had she staying with her husband-Award of Rs.5,OOO/- as maintenance pendente lite reduced to Rs.4,OOO/ – per month. 

Civil Procedure Code, 1908, O.9 R.13–Exparte Decree-Setting aside of— Limitation to file the application is 30 days from the date of passing of ex parte judgment and decree or acquisition of knowledge—In present case, application was filed after 2 years of exparte decree-One of other defendants had earlier filed application but was dismissed—Thus, it is highly improbable that applicant was not in the knowledge of exparte judgment and decree-­ Application held to be rightly dismissed.

By | April 17th, 2019|Exparte Decree|

Comments Off on Civil Procedure Code, 1908, O.9 R.13–Exparte Decree-Setting aside of— Limitation to file the application is 30 days from the date of passing of ex parte judgment and decree or acquisition of knowledge—In present case, application was filed after 2 years of exparte decree-One of other defendants had earlier filed application but was dismissed—Thus, it is highly improbable that applicant was not in the knowledge of exparte judgment and decree-­ Application held to be rightly dismissed.

Narcotic Drugs and Psychotropic Substances Act, 1985, S.20 and S.42- -Bail–NDPS–Accused person were apprehended during Nakabandi– Secret information was not recorded in writing and was not sent to police station for registration of FIR–Bail granted

By | April 13th, 2019|Bail - Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act, 1985, S.20 and S.42- -Bail–NDPS–Accused person were apprehended during Nakabandi– Secret information was not recorded in writing and was not sent to police station for registration of FIR–Bail granted

Narcotic Drugs and Psychotropic Substances Act, 1985, S.50–Personal Search–Bail–Investigating officer himself gave notice and after obtaining consent, he himself conducted the search of petitioner and without calling a second investigating officer conducted further investigation—Without commenting on merits bail granted

By | April 12th, 2019|Bail - Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act, 1985, S.50–Personal Search–Bail–Investigating officer himself gave notice and after obtaining consent, he himself conducted the search of petitioner and without calling a second investigating officer conducted further investigation—Without commenting on merits bail granted

Dishonour of Cheque—Death of Complainant—Legal representative of complainant can be substituted as a complainant        

By | April 12th, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque—Death of Complainant—Legal representative of complainant can be substituted as a complainant        

Narcotic Drugs and Psychotropic Substances Act, 1985, S.36-A-Statutory Bail—Commercial Quantity-Extension of time for filing charge sheet-­ Merely because report of chemical examiner/FSL is awaited and investigation of other persons arrested during interim period is to be affected is not a ground for detention of petitioner beyond the period of 180 days

By | April 12th, 2019|Bail - Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act, 1985, S.36-A-Statutory Bail—Commercial Quantity-Extension of time for filing charge sheet-­ Merely because report of chemical examiner/FSL is awaited and investigation of other persons arrested during interim period is to be affected is not a ground for detention of petitioner beyond the period of 180 days

Chargesheet—Supplementary Challan—Without permission of court—Police has right to file supplementary challan of its own for bringing the entire evidence on record which was earlier omitted but was part of original challan

By | April 12th, 2019|Challan|

Comments Off on Chargesheet—Supplementary Challan—Without permission of court—Police has right to file supplementary challan of its own for bringing the entire evidence on record which was earlier omitted but was part of original challan

Specific Relief Act, 1963, S.37–Injunction–Release Deed—Plaintiffs, daughters, were 4th generation in lineage-Any release deed in respect of suit property executed by Karta, who proved to be ancestor can always be challenged during his life time.     

By | April 2nd, 2019|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.37–Injunction–Release Deed—Plaintiffs, daughters, were 4th generation in lineage-Any release deed in respect of suit property executed by Karta, who proved to be ancestor can always be challenged during his life time.     

Will—Proof of Execution—Merely because other property in other village has been sanctioned mutation on basis of said will; the will cannot be deemed to have been admitted

By | April 2nd, 2019|Will|

Comments Off on Will—Proof of Execution—Merely because other property in other village has been sanctioned mutation on basis of said will; the will cannot be deemed to have been admitted

In order to establish claim with regard to nature of the property being ancestral, it has to be prima facie proved that the plaintiff was 4th generation in lineage and his father had acquired the same from his grandfather-Mere recital in the lease deed would not clothe the status of the property being ancestral even though supported by revenue records-Hindu Succession Act, 1956.   

By | April 2nd, 2019|Hindu Succession|

Comments Off on In order to establish claim with regard to nature of the property being ancestral, it has to be prima facie proved that the plaintiff was 4th generation in lineage and his father had acquired the same from his grandfather-Mere recital in the lease deed would not clothe the status of the property being ancestral even though supported by revenue records-Hindu Succession Act, 1956.   

March 2019