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April 2020

Proclaimed Offender—No intimation regarding the notice/non-bailable warrants issued against the petitioner nor it was given to the Numberdar/ Chowkidar/Sarpanch of the village—Order of declaration quashed

By | April 6th, 2020|Proclaimed Offender|

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Summoning of Additional Accused—Dowry Death—Brother-in-law and sister-in-law sought to be summoned–FIR, which was recorded on statement of complainant reveals no specific allegations regarding mistreatment or dowry demand qua them— Application dismissed

By | April 6th, 2020|Additional accused|

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Bail—Cheating—Simply because some of the co-accused are required to be arrested is not a ground to deny bail to the present petitioners–Bail granted

By | April 6th, 2020|Bail - Narcotics|

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Bail—Rape—Variation in the FIR version and statement recorded under S.164 CrPC—Without commenting on merits, bail granted

By | April 6th, 2020|Bail Granted|

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Narcotics—Commercial Quantity—Recovery from co-accused who was pillion rider on the motorcycle driven by the petitioner—Conscious possession by petitioner to be decided during trial—Bail granted

By | April 6th, 2020|Bail Granted|

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[DIVISION BENCH] Railways—Interest on Compensation—Direction issued to grant interest @7% per annum from the date of the accident till date of realization

By | April 5th, 2020|Railways Act|

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Re-examination of Witness—Non-speaking orders—There was no discussion regarding the relevance of the witnesses much less the satisfaction that the exercise of power under Section 311 Cr.P.C at the present stage of trial is justified—Impugned order set aside

By | April 5th, 2020|Additional Evidence|

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Scheduled Castes—Intentional Insult—Complainant and eye-witness deposed that accused threatened with life but has not made any such revelation that casteist remarks were made as alleged in FIR–Complaint quashed

By | April 5th, 2020|Quashing|

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Additional Evidence—Oral Request—Trial Court should not allow oral request of prosecution to examine additional witnesses who were not cited as witnesses in the challan

By | April 5th, 2020|Additional Evidence|

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Bail–Cancellation of–Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of bail already granted

By | April 5th, 2020|Bail Granted|

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Unauthorised Colony—Quashing—Landowners after entering into agreement to sell with proposed buyers (petitioners) carved out colony without statutory permission—Neither any sale deed was executed in favour of the petitioner nor the petitioners have sold any part of the land to any third person by creating third party right to show that they intended to sell the land by carving out small plots—FIR quashed

By | April 5th, 2020|Quashing|

Comments Off on Unauthorised Colony—Quashing—Landowners after entering into agreement to sell with proposed buyers (petitioners) carved out colony without statutory permission—Neither any sale deed was executed in favour of the petitioner nor the petitioners have sold any part of the land to any third person by creating third party right to show that they intended to sell the land by carving out small plots—FIR quashed

Proof of Document—Absence of Signature—In the absence of signatures on first page of the document, which is a typed document, it cannot be said that the same was signed after reading the contents of the same

By | April 5th, 2020|Evidence - Criminal Cases|

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Anticipatory Bail—Information Technology—Objectionable video was already viral on social media—Petitioner circulated forensic report that video is genuine—Primarily no injury to reputation of complainant was caused by the present petitioners—Bail granted

By | April 5th, 2020|Anticipatory Bail|

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Criminal Breach of Trust—Sale of mortgaged property—Complaint by Bank–FIR against Advocate who gave Legal Search Report—LSR was prepared on the basis of original documents and standard norms of preparation for the same were followed—No evidence that he was part of the conspiracy–FIR qua Advocate quashed

By | April 5th, 2020|Quashing|

Comments Off on Criminal Breach of Trust—Sale of mortgaged property—Complaint by Bank–FIR against Advocate who gave Legal Search Report—LSR was prepared on the basis of original documents and standard norms of preparation for the same were followed—No evidence that he was part of the conspiracy–FIR qua Advocate quashed

[DIVISION BENCH] Service Law—Pension—Regularisation of contractual employee does not amount to fresh appointment—Entire daily wage service is to be counted as qualifying service

By | April 4th, 2020|Service Cases|

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March 2020

Maintenance—Claim by minor Children—Mere fact that the mother of children is earning more than the salary of the father cannot absolve the father of his responsibility to maintain his minor sons HELD a mother, who has custody of a child not only spends money on the upbringing of the child, but at the same time, she is required to spend substantial time and effort in bringing up the child. Her mobility is completely restricted. One cannot put value to the time and effort put in by the mother in upbringing of the child.     

By | March 25th, 2020|Maintenance|

Comments Off on Maintenance—Claim by minor Children—Mere fact that the mother of children is earning more than the salary of the father cannot absolve the father of his responsibility to maintain his minor sons HELD a mother, who has custody of a child not only spends money on the upbringing of the child, but at the same time, she is required to spend substantial time and effort in bringing up the child. Her mobility is completely restricted. One cannot put value to the time and effort put in by the mother in upbringing of the child.     

[DIVISION BENCH] Divorce—Cruelty—Mere coldness or lack of affection cannot amount to cruelty Divorce—Cruelty—Even, frequent rudeness of language unless it is absolutely intolerable, cannot be termed as cruelty

By | March 25th, 2020|Mental Cruelty|

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Quashing—Time barred complaint—Offences u/s IPC cannot be added later to revive time barred complaint Multi Level Marketing—Agencies involved in the sale of goods through direct/multilevel marketing do not fall under the provisions of the Prize Chit and Money Circulation Scheme (Banning) Act

By | March 25th, 2020|Quashing|

Comments Off on Quashing—Time barred complaint—Offences u/s IPC cannot be added later to revive time barred complaint Multi Level Marketing—Agencies involved in the sale of goods through direct/multilevel marketing do not fall under the provisions of the Prize Chit and Money Circulation Scheme (Banning) Act

Service Law—Medical Reimbursement—Treatment was taken from a Government Hospital—Any denial of the full reimbursement is against the very policy and rules applicable to the petitioner

By | March 25th, 2020|Service Cases|

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