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So far phlaw has created 2918 blog entries.

August 2019

Criminal Complaint—Exemplary Costs—Unexplained delay of 8 years filing— Insecticides—Exemplary costs of Rs. 1 lakh imposed on the then Insecticides Inspector to be paid from his personal pocket for wasting time of courts on complaint Quashing—When taking of cognizance by the Court itself is prohibited; in case the complaint not filed within the prescribed period then the subsequent proceeding in the form of summoning  order also stands vitiated.   

By | August 25th, 2019|Insecticides Act, 1968|

Comments Off on Criminal Complaint—Exemplary Costs—Unexplained delay of 8 years filing— Insecticides—Exemplary costs of Rs. 1 lakh imposed on the then Insecticides Inspector to be paid from his personal pocket for wasting time of courts on complaint Quashing—When taking of cognizance by the Court itself is prohibited; in case the complaint not filed within the prescribed period then the subsequent proceeding in the form of summoning  order also stands vitiated.   

Accident—Insurance—Pay and Recover— Disputed questions of fact regarding whether cover note was issued or cover note book was lost as alleged by Insurance Company—Insurance Company directed to pay compensation to claimants as awarded by MACT— Matter remanded back to Tribunal to go deep into issue of liability to pay between owner or insurer         

By | August 25th, 2019|Claim Petition|

Comments Off on Accident—Insurance—Pay and Recover— Disputed questions of fact regarding whether cover note was issued or cover note book was lost as alleged by Insurance Company—Insurance Company directed to pay compensation to claimants as awarded by MACT— Matter remanded back to Tribunal to go deep into issue of liability to pay between owner or insurer         

Rejection of Plaint—Time barred suit—Contention that the suit is barred by limitation itself cannot be a ground for allowing the application

By | August 25th, 2019|Rejection of Plaint|

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Rejection of Plaint—Suit for declaration—Respondents-plaintiffs were in possession of the suit property, the issue whether they are entitled for partition or declaration is a controversy that needs to be decided on merits and on the basis of evidence to be adduced—Application under 0.7 R.ll CPC held to be rightly dismissed

By | August 25th, 2019|Plaint, Rejection of Plaint|

Comments Off on Rejection of Plaint—Suit for declaration—Respondents-plaintiffs were in possession of the suit property, the issue whether they are entitled for partition or declaration is a controversy that needs to be decided on merits and on the basis of evidence to be adduced—Application under 0.7 R.ll CPC held to be rightly dismissed

Amendment of Written Statement—Suit as to who is legally wedded wife of deceased and is entitled to retrial benefits—Trial court dismissed the application on the ground that petitioner was not able to show as to when she attained knowledge of the fact, which warranted amendment in written statement, after commencement of trial—To decide real controversy application allowed

By | August 25th, 2019|Amendment of written statement|

Comments Off on Amendment of Written Statement—Suit as to who is legally wedded wife of deceased and is entitled to retrial benefits—Trial court dismissed the application on the ground that petitioner was not able to show as to when she attained knowledge of the fact, which warranted amendment in written statement, after commencement of trial—To decide real controversy application allowed

Held; A party should not be made to suffer because of the careless attitude of the counsel—Last opportunity granted to conclude entire evidence in time bound manner.   

By | August 25th, 2019|Evidence - Civil|

Comments Off on Held; A party should not be made to suffer because of the careless attitude of the counsel—Last opportunity granted to conclude entire evidence in time bound manner.   

Petitioner has shown sufficient tendency to reform himself as he had earned remissions—Sentence reduced to already undergone, so as to grant him an opportunity to reform himself and to join the mainstream once again

By | August 25th, 2019|Reduction in Sentence|

Comments Off on Petitioner has shown sufficient tendency to reform himself as he had earned remissions—Sentence reduced to already undergone, so as to grant him an opportunity to reform himself and to join the mainstream once again

Negotiable Instruments Act, 1881, S.138—Dishonour of Cheque—Part Payment—After filing of complaint, making of part payment of cheque amount, is not sufficient to exonerate accused of the charge u/s 138 N.I Act.

By | August 25th, 2019|Cheque Bounce|

Comments Off on Negotiable Instruments Act, 1881, S.138—Dishonour of Cheque—Part Payment—After filing of complaint, making of part payment of cheque amount, is not sufficient to exonerate accused of the charge u/s 138 N.I Act.

Agreement to Sell—Grant of decree for specific performance is discretionary relief and the court is not bound to grant such relief merely because agreement to sell is proved Withdrawal of Suit—Compromise decree cannot be restricted to prayer made in the suit and it can be even beyond the subject matter of the suit

By | August 25th, 2019|Specific Performance|

Comments Off on Agreement to Sell—Grant of decree for specific performance is discretionary relief and the court is not bound to grant such relief merely because agreement to sell is proved Withdrawal of Suit—Compromise decree cannot be restricted to prayer made in the suit and it can be even beyond the subject matter of the suit

Acknowledgment of Debt—Once income tax deducted at source on the accrued interest is deposited by the defendant, it is also an acknowledgment of the amount payable Acknowledgment of Debt—Twin Requirement—It has to be before the expiration of the prescribed period of limitation for filing a suit or application and has to be in writing signed by the party against whom such property or right is claimed.

By | August 25th, 2019|Limitation Act|

Comments Off on Acknowledgment of Debt—Once income tax deducted at source on the accrued interest is deposited by the defendant, it is also an acknowledgment of the amount payable Acknowledgment of Debt—Twin Requirement—It has to be before the expiration of the prescribed period of limitation for filing a suit or application and has to be in writing signed by the party against whom such property or right is claimed.

Eviction—Attornment of Tenancy—Attornment by a tenant is not a condition precedent to create a relationship of landlord and tenant between the transferee landlord and the existing tenant in possession of the tenanted premises

By | August 25th, 2019|Punjab Rent Act|

Comments Off on Eviction—Attornment of Tenancy—Attornment by a tenant is not a condition precedent to create a relationship of landlord and tenant between the transferee landlord and the existing tenant in possession of the tenanted premises

Succession—Adoption—Even if the adoption is not proved, the Memorandum of Adoption can be treated as last wish (Testament/Will) of the testator/ owner.

By | August 25th, 2019|Adoption|

Comments Off on Succession—Adoption—Even if the adoption is not proved, the Memorandum of Adoption can be treated as last wish (Testament/Will) of the testator/ owner.

Narcotics—Personal Search—Where the recovery was “chance recovery” provisions S.50 NDPS Act was not required to be compiled with

By | August 19th, 2019|Narcotics|

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Parole—Temporary release of prisoner cannot be denied on mere apprehension that there would be danger to security of State and maintenance of public order

By | August 19th, 2019|Parole|

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Parole-Direction in the order that “…the petitioner should not be released from prison before completion of actual term of twenty years…” cannot be understood as prohibiting the temporary release of the petitioner on a valid ground        

By | August 19th, 2019|Parole|

Comments Off on Parole-Direction in the order that “…the petitioner should not be released from prison before completion of actual term of twenty years…” cannot be understood as prohibiting the temporary release of the petitioner on a valid ground        

Parole- -Temporary release of petitioner to meet his family cannot be denied on the ground that the complainant party would be angry if the petitioner is released on furlough as this may disturb the peace of the village.

By | August 19th, 2019|Parole|

Comments Off on Parole- -Temporary release of petitioner to meet his family cannot be denied on the ground that the complainant party would be angry if the petitioner is released on furlough as this may disturb the peace of the village.

Public Street—A street carved out by a private colonizer while developing a residential colony would not be a private street exclusively for the use of the residents of the said colony and it would be a public street.

By | August 14th, 2019|Municipal Laws|

Comments Off on Public Street—A street carved out by a private colonizer while developing a residential colony would not be a private street exclusively for the use of the residents of the said colony and it would be a public street.

Specific Relief Act, 1963, S. 34—Suit for Recovery—Bahi Entry—Counter Claim—Before a suit for recovery on the basis of the account books is to be decreed, the counter claimant was required to satisfy the conscious of the Court that the account books (basis of claim) have been maintained in the regular course of business and are above suspicion

By | August 14th, 2019|Counter Claim|

Comments Off on Specific Relief Act, 1963, S. 34—Suit for Recovery—Bahi Entry—Counter Claim—Before a suit for recovery on the basis of the account books is to be decreed, the counter claimant was required to satisfy the conscious of the Court that the account books (basis of claim) have been maintained in the regular course of business and are above suspicion

Guarantor’s Liability—Surety in a contract cannot be absolved of the liability only on the ground that the Government did not take action against the principal debtor swiftly 

By | August 14th, 2019|Contract Act|

Comments Off on Guarantor’s Liability—Surety in a contract cannot be absolved of the liability only on the ground that the Government did not take action against the principal debtor swiftly