About phlaw

This author has not yet filled in any details.
So far phlaw has created 3021 blog entries.

October 2019

Jurisdiction of Executing Court—Parties to suit are resident of Punjab—Objections of the petitioner cannot be dismissed on the ground that the Principal Court at Punjab, did not have jurisdiction even if, the Award has been passed at West Bengal.

By | October 12th, 2019|Execution|

Comments Off on Jurisdiction of Executing Court—Parties to suit are resident of Punjab—Objections of the petitioner cannot be dismissed on the ground that the Principal Court at Punjab, did not have jurisdiction even if, the Award has been passed at West Bengal.

Dishonour of Cheque—Compensation—Cheque amount was Rs 1.46 crores–Sentence reduced from 24 months to 18 months by enhancing fine from Rs. Two Thousand to Rs. Twenty Five lakhs

By | October 12th, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque—Compensation—Cheque amount was Rs 1.46 crores–Sentence reduced from 24 months to 18 months by enhancing fine from Rs. Two Thousand to Rs. Twenty Five lakhs

Attempt to Rape-Bail-Allegation against the petitioner is that he has tried to commit rape upon the prosecutrix–The prosecutrix has been examined in the case-Prosecutrix has also filed another case against accused-Out of total 14 witnesses only 5 have been examined so far-Trial to take time-Bail granted

By | October 12th, 2019|Bail|

Comments Off on Attempt to Rape-Bail-Allegation against the petitioner is that he has tried to commit rape upon the prosecutrix–The prosecutrix has been examined in the case-Prosecutrix has also filed another case against accused-Out of total 14 witnesses only 5 have been examined so far-Trial to take time-Bail granted

Sale Deed—Registered sale deed executed before partition but not considered during partition proceedings—Purchaser can claim his share thereafter being bonafide purchaser

By | October 12th, 2019|Partition Proceedings|

Comments Off on Sale Deed—Registered sale deed executed before partition but not considered during partition proceedings—Purchaser can claim his share thereafter being bonafide purchaser

Murder-Death Penalty—Converted into life imprisonment-Accused was close relative of deceased lady and her daughter who was his first cousin-Held; case does not fall within about of’rarest of rare cases’-Death penalty commuted into life imprisonment.    

By | October 12th, 2019|Murder|

Comments Off on Murder-Death Penalty—Converted into life imprisonment-Accused was close relative of deceased lady and her daughter who was his first cousin-Held; case does not fall within about of’rarest of rare cases’-Death penalty commuted into life imprisonment.    

Anticipatory Bail–NDPS–Held; since petitioner was not arrested at the spot and has already joined the investigation; anticipatory bail granted

By | October 12th, 2019|Anticipatory Bail|

Comments Off on Anticipatory Bail–NDPS–Held; since petitioner was not arrested at the spot and has already joined the investigation; anticipatory bail granted

Murder~Bail–Identification of Accused-All the eye-witnesses did not identify the accused when they stepped into the witness box—Petitioners are behind bars since last 1 year—No useful purpose would be served by further detention—Bail granted—

By | October 12th, 2019|Bail|

Comments Off on Murder~Bail–Identification of Accused-All the eye-witnesses did not identify the accused when they stepped into the witness box—Petitioners are behind bars since last 1 year—No useful purpose would be served by further detention—Bail granted—

Indian Penal Code, 1860, S.279–Rash and Negligent Driving—Quashing- Compromise between the parties—FIR and all consequent proceedings quashed-

By | October 11th, 2019|Quashing|

Comments Off on Indian Penal Code, 1860, S.279–Rash and Negligent Driving—Quashing- Compromise between the parties—FIR and all consequent proceedings quashed-

Bail–Identification of Accused—Complainant while in the witness box has not identified the petitioner to be his assailant—Petitioner has been behind bars since last about 9 months-Out of 35 only 3 prosecution witnesses have been examined-Bail granted

By | October 11th, 2019|Bail|

Comments Off on Bail–Identification of Accused—Complainant while in the witness box has not identified the petitioner to be his assailant—Petitioner has been behind bars since last about 9 months-Out of 35 only 3 prosecution witnesses have been examined-Bail granted

Bail–NDPS- Recovery of 6.5 kgs of poppy husk–Out of 15 only 2 witnesses have been examined till date-Keeping in view, the nature and quantity of contraband recovered and the fact that one challan has already been presented; bail granted

By | October 11th, 2019|Bail - Narcotics|

Comments Off on Bail–NDPS- Recovery of 6.5 kgs of poppy husk–Out of 15 only 2 witnesses have been examined till date-Keeping in view, the nature and quantity of contraband recovered and the fact that one challan has already been presented; bail granted

Cheating–Anticipatory Bail Granted – Held; As per FIR, ‘G’ had received the whole amount from complainant and it is nowhere alleged that ‘R’ had even received any amount or said amount would given in presence of ‘R’–As such complicity of petitioner ‘R’ would be debatable

By | October 11th, 2019|Anticipatory Bail|

Comments Off on Cheating–Anticipatory Bail Granted – Held; As per FIR, ‘G’ had received the whole amount from complainant and it is nowhere alleged that ‘R’ had even received any amount or said amount would given in presence of ‘R’–As such complicity of petitioner ‘R’ would be debatable

Recalling of Witness—Additional Evidence—Complainant by way of producing additional documents seeks to establish his case with regard to the existence of legal liability—The case is still at the stage of recording the complainant’s evidence—Delay caused in trial can be compensated with costs—Application held to be rightly allowed.                                                                 

By | October 11th, 2019|Additional Evidence|

Comments Off on Recalling of Witness—Additional Evidence—Complainant by way of producing additional documents seeks to establish his case with regard to the existence of legal liability—The case is still at the stage of recording the complainant’s evidence—Delay caused in trial can be compensated with costs—Application held to be rightly allowed.                                                                 

Dishonour of Cheque—Post Summoning Evidence Held; Complainant can lead further evidence post summoning for elaborating upon his pre-summoning evidence as complainant may not choose to lead his entire evidence at the stage of pre-summoning evidence.

By | October 11th, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque—Post Summoning Evidence Held; Complainant can lead further evidence post summoning for elaborating upon his pre-summoning evidence as complainant may not choose to lead his entire evidence at the stage of pre-summoning evidence.

Bail Granted —Injuries on accused— Allegedly, petitioner attacked the complainant with the ‘Kirch’ (sharp edged weapons-Petitioner had also sustained injuries regarding which there is no explanation in the FIR~

By | October 11th, 2019|Bail|

Comments Off on Bail Granted —Injuries on accused— Allegedly, petitioner attacked the complainant with the ‘Kirch’ (sharp edged weapons-Petitioner had also sustained injuries regarding which there is no explanation in the FIR~

Bail granted – Recovery of 55 kgs of poppy husk from back seat of truck driver-Petitioner is neither the driver nor the owner of truck and was sitting in between the driver and owner in the cabin of truck—

By | October 11th, 2019|Bail|

Comments Off on Bail granted – Recovery of 55 kgs of poppy husk from back seat of truck driver-Petitioner is neither the driver nor the owner of truck and was sitting in between the driver and owner in the cabin of truck—

Anticipatory Bail Granted –NDPS–Recovery of 1800 tablets from a plastic bag allegedly thrown away by petitioner while escaping the police—Held; Petitioner was not arrested at the spot and is not stated to be a previous convict and has already joined investigation—

By | October 11th, 2019|Anticipatory Bail|

Comments Off on Anticipatory Bail Granted –NDPS–Recovery of 1800 tablets from a plastic bag allegedly thrown away by petitioner while escaping the police—Held; Petitioner was not arrested at the spot and is not stated to be a previous convict and has already joined investigation—