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March 2020

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[DIVISION BENCH] Divorce—By Mutual Consent—No appeal can lie against a consent decree but if a consent decree is obtained due to coercion, fraud etc, then only can Court can set it aside

Matrimonial Cases

[DIVISION BENCH] Divorce—By Mutual Consent—No appeal can lie against a consent decree but if a consent decree is obtained due to coercion, fraud etc, then only can Court can set it aside

By phlaw| 2020-03-24T18:14:06+05:30 March 24th, 2020|Categories: Matrimonial Cases|

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Court Fee—Suit for Damages—Plaintiff claimed a specific amount even though termed as ‘unliquidated damages’—Plaintiff liable to pay ad valorem court fee on amount claimed

Court Fees

Court Fee—Suit for Damages—Plaintiff claimed a specific amount even though termed as ‘unliquidated damages’—Plaintiff liable to pay ad valorem court fee on amount claimed

By phlaw| 2020-03-24T18:07:44+05:30 March 24th, 2020|Categories: Court Fees|

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Eviction—Amendment of Pleading—Landlord has sought to incorporate the basic ingredients—Allowing the amendment would also be in the interest of justice and equity

Amendment of Plaint

Eviction—Amendment of Pleading—Landlord has sought to incorporate the basic ingredients—Allowing the amendment would also be in the interest of justice and equity

By phlaw| 2020-03-24T18:04:18+05:30 March 24th, 2020|Categories: Amendment of Plaint|

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Summoning of Witness—Belated Stage—Application for summoning of witnesses can be filed at any stage of trial even after final arguments but before the pronouncement of judgment

Evidence - Criminal Cases

Summoning of Witness—Belated Stage—Application for summoning of witnesses can be filed at any stage of trial even after final arguments but before the pronouncement of judgment

By phlaw| 2020-03-24T18:02:11+05:30 March 24th, 2020|Categories: Evidence - Criminal Cases|

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Amendment of Plaint—Only the relief sought to be added—Nature of the suit is not altered in any manner—Application allowed

Amendment of Plaint

Amendment of Plaint—Only the relief sought to be added—Nature of the suit is not altered in any manner—Application allowed

By phlaw| 2020-03-24T18:00:12+05:30 March 24th, 2020|Categories: Amendment of Plaint|

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Cross Examination of formal witnesses—They are summoned to produce documents and record, cannot be cross examined unless they are called as a witness

Evidence - Civil

Cross Examination of formal witnesses—They are summoned to produce documents and record, cannot be cross examined unless they are called as a witness

By phlaw| 2020-03-24T17:58:27+05:30 March 24th, 2020|Categories: Evidence - Civil|

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Exparte Decree—Order passing Exparte Decree is not supported by the documents; like the service report and the copy of the summons–Presumption attached to the correctness of the judicial order, stands deprived

Exparte Decree

Exparte Decree—Order passing Exparte Decree is not supported by the documents; like the service report and the copy of the summons–Presumption attached to the correctness of the judicial order, stands deprived

By phlaw| 2020-03-24T17:55:48+05:30 March 24th, 2020|Categories: Exparte Decree|

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Suit against Partnership Firm—Partnership firm can be sued in the name of the partnership firm itself and it is not necessary to implead all the partners

Amendment of written statement

Suit against Partnership Firm—Partnership firm can be sued in the name of the partnership firm itself and it is not necessary to implead all the partners

By phlaw| 2020-03-24T17:52:59+05:30 March 24th, 2020|Categories: Amendment of written statement|

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Summary Suit for Recovery—Leave to Defend—Once some reasoning was given in the application seeking leave to defend for delay in filing then a separate application for condonation of delay is not necessary

Condonation of Delay

Summary Suit for Recovery—Leave to Defend—Once some reasoning was given in the application seeking leave to defend for delay in filing then a separate application for condonation of delay is not necessary

By phlaw| 2020-03-24T17:48:38+05:30 March 24th, 2020|Categories: Condonation of Delay|

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Local Commissioner—Report on Encroachment—Local Commissioner should confine himself to only the demarcation of properties according to the revenue records without expressing any opinion on encroachment which is the judicial function

Local Commissioner

Local Commissioner—Report on Encroachment—Local Commissioner should confine himself to only the demarcation of properties according to the revenue records without expressing any opinion on encroachment which is the judicial function

By phlaw| 2020-03-24T17:46:18+05:30 March 24th, 2020|Categories: Local Commissioner|

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Eviction—Provisional Rent—Rent Controller balanced the rival contentions and has taken the period as stated by tenant and rate of rent as claimed by landlord—Order upheld

Punjab Rent Act

Eviction—Provisional Rent—Rent Controller balanced the rival contentions and has taken the period as stated by tenant and rate of rent as claimed by landlord—Order upheld

By phlaw| 2020-03-24T17:43:57+05:30 March 24th, 2020|Categories: Punjab Rent Act|

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Please, to help yourself and you only, visit ::: https://www.who.int/emergencies/diseases/novel-coronavirus-2019/advice-for-public/myth-busters

Accident Cases

Please, to help yourself and you only, visit ::: https://www.who.int/emergencies/diseases/novel-coronavirus-2019/advice-for-public/myth-busters

By phlaw| 2020-03-23T21:28:29+05:30 March 23rd, 2020|Categories: Accident Cases|

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IMP :: Legal search report (LSR) HELD Advocates—Professional Misconduct—There is a world of difference between the giving of improper legal advice and the giving of wrong legal advice. At the most, he may be liable for gross negligence or professional misconduct if it is established by acceptable evidence and cannot be charged for the offence under Sections 420 and 109 of IPC

Quashing

IMP :: Legal search report (LSR) HELD Advocates—Professional Misconduct—There is a world of difference between the giving of improper legal advice and the giving of wrong legal advice. At the most, he may be liable for gross negligence or professional misconduct if it is established by acceptable evidence and cannot be charged for the offence under Sections 420 and 109 of IPC

By phlaw| 2020-03-16T21:16:37+05:30 March 16th, 2020|Categories: Quashing|

[DIVISION BENCH] FIR—In a case of version and cross version, a common judgment cannot be passed—Judge has to dispose of the matter by two separate judgments

By phlaw| 2020-03-14T12:03:57+05:30 March 14th, 2020|Categories: FIR -- Registration of|

-Attempt to Murder–Bail–Out of total 16 prosecution witnesses, 8 material witnesses are yet to be examined and the prosecution has moved an application u/s 319 CrPC—Trial will certainly take a long time-Bail granted

By phlaw| 2020-03-14T12:12:54+05:30 March 14th, 2020|Categories: Bail Granted|

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Transfer of Property—Sale Deed—After execution of sale deed claim for payment of balance sale consideration on basis of unregistered agreement is not maintainable

Transfer of Property Act

Transfer of Property—Sale Deed—After execution of sale deed claim for payment of balance sale consideration on basis of unregistered agreement is not maintainable

By phlaw| 2020-03-11T18:07:27+05:30 March 11th, 2020|Categories: Transfer of Property Act|

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Attempt to Murder—Bail-Petitioner has given a severe blow to an old age person of 71 years, but the fact remains that there is cross-version also and a private complaint to that effect, is pending before the Court of competent jurisdiction

Bail Granted

Attempt to Murder—Bail-Petitioner has given a severe blow to an old age person of 71 years, but the fact remains that there is cross-version also and a private complaint to that effect, is pending before the Court of competent jurisdiction

By phlaw| 2020-03-11T17:39:45+05:30 March 11th, 2020|Categories: Bail Granted|

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Illegal Detention—Exemplary Costs—Detention of the petitioner for four days till registration of FIR which later found to be false—State burdened with exemplary cost of Rs. 1 lac to be paid to the petitioner and the same be recovered from the erring police officials

Quashing

Illegal Detention—Exemplary Costs—Detention of the petitioner for four days till registration of FIR which later found to be false—State burdened with exemplary cost of Rs. 1 lac to be paid to the petitioner and the same be recovered from the erring police officials

By phlaw| 2020-03-11T17:37:43+05:30 March 11th, 2020|Categories: Quashing|

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Calling of record from other Court–O.13 R.10 CPC does not enable the Court to use in evidence, any document under the law, which would be otherwise inadmissible in the suit

Evidence - Civil

Calling of record from other Court–O.13 R.10 CPC does not enable the Court to use in evidence, any document under the law, which would be otherwise inadmissible in the suit

By phlaw| 2020-03-10T19:38:20+05:30 March 10th, 2020|Categories: Evidence - Civil|

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Accident—Income—Deceased aged 21 years was a brilliant student in her academic career—Notional income assessed at Rs.35,000/- p.m.

Income

Accident—Income—Deceased aged 21 years was a brilliant student in her academic career—Notional income assessed at Rs.35,000/- p.m.

By phlaw| 2020-03-10T19:24:37+05:30 March 10th, 2020|Categories: Income|

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[DIVISION BENCH] Witness—Unreliable Material Witness—When statement of material witness of prosecution (Complainant) is not worth of credence, then no weightage can be given to the statement of other witnesses of prosecution

Acquittal

[DIVISION BENCH] Witness—Unreliable Material Witness—When statement of material witness of prosecution (Complainant) is not worth of credence, then no weightage can be given to the statement of other witnesses of prosecution

By phlaw| 2020-03-10T19:22:59+05:30 March 10th, 2020|Categories: Acquittal|

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Deceased was 22 years of age working as Life Adviser with private Insurance company—In absence of documentary evidence with regard to the actual income of deceased, income rightly taken as Rs.4000/- per month

Income

Deceased was 22 years of age working as Life Adviser with private Insurance company—In absence of documentary evidence with regard to the actual income of deceased, income rightly taken as Rs.4000/- per month

By phlaw| 2020-03-10T19:14:53+05:30 March 10th, 2020|Categories: Income|

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[DIVISION BENCH] Appeal against Acquittal—Even if two views are equally balanced, it need not result in interference by the Appellate Court in the judgment of the trial Court of acquittal

Acquittal

[DIVISION BENCH] Appeal against Acquittal—Even if two views are equally balanced, it need not result in interference by the Appellate Court in the judgment of the trial Court of acquittal

By phlaw| 2020-03-10T19:13:04+05:30 March 10th, 2020|Categories: Acquittal|

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Arbitration—Award—Objections—Prescribed period of limitation start from the date on which the copy of signed award was delivered to the party

Arbitration

Arbitration—Award—Objections—Prescribed period of limitation start from the date on which the copy of signed award was delivered to the party

By phlaw| 2020-03-10T19:11:04+05:30 March 10th, 2020|Categories: Arbitration|

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