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December 2019

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Rape—Unnatural conduct of Complainant—He neither tried to save his mother nor raised alarm immediately—Accused acquitted
Acquittal

Rape—Unnatural conduct of Complainant—He neither tried to save his mother nor raised alarm immediately—Accused acquitted

By phlaw| 2019-12-02T19:56:17+00:00 December 2nd, 2019|Categories: Acquittal|

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Divorce—Cruelty—False character assassination of wife and her mother by husband amounts to mental cruelty
Mental Cruelty

Divorce—Cruelty—False character assassination of wife and her mother by husband amounts to mental cruelty

By phlaw| 2019-12-02T19:49:14+00:00 December 2nd, 2019|Categories: Mental Cruelty|

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Accident–Claim Petition- Held; to throw proper light on the controversy examination of eye witnesses is necessary-Application under 0.41 R.27 CPC allowed-Civil Procedure Code, 1908, 0.41 R.27
Claim Petition

Accident–Claim Petition- Held; to throw proper light on the controversy examination of eye witnesses is necessary-Application under 0.41 R.27 CPC allowed-Civil Procedure Code, 1908, 0.41 R.27

By phlaw| 2019-12-02T19:41:27+00:00 December 2nd, 2019|Categories: Claim Petition|

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Security of Land Tenures—A tenant/lessee of agricultural land cannot be ordered to be evicted by way of suit for mandatory injunction
Revenue Cases

Security of Land Tenures—A tenant/lessee of agricultural land cannot be ordered to be evicted by way of suit for mandatory injunction

By phlaw| 2019-12-02T18:56:53+00:00 December 2nd, 2019|Categories: Revenue Cases|

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Transfer of Petition—Petitioners (tenant) contended themselves to be victim of betrayal by their own counsel—Eviction petition transferred
Transfer of Civil cases

Transfer of Petition—Petitioners (tenant) contended themselves to be victim of betrayal by their own counsel—Eviction petition transferred

By phlaw| 2019-12-02T18:43:19+00:00 December 2nd, 2019|Categories: Transfer of Civil cases|

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Agreement to Sell-Readiness and Willingness-Affidavits with regard to marking of presence of defendants have to be proved-Mere exhibitions of documents does not dispense with its proof.
Specific Performance

Agreement to Sell-Readiness and Willingness-Affidavits with regard to marking of presence of defendants have to be proved-Mere exhibitions of documents does not dispense with its proof.

By phlaw| 2019-12-01T19:11:04+00:00 December 1st, 2019|Categories: Specific Performance|

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Maintenance Pendente Lite—Muslim woman is entitled to maintenance pendente lite, in a petition filed for restitution of conjugal rights
Maintenance

Maintenance Pendente Lite—Muslim woman is entitled to maintenance pendente lite, in a petition filed for restitution of conjugal rights

By phlaw| 2019-12-01T19:00:48+00:00 December 1st, 2019|Categories: Maintenance|

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Will—Presumption that document which is 30 years old and is received from proper custody, was duly executed; is not applicable to the registered Will
Will

Will—Presumption that document which is 30 years old and is received from proper custody, was duly executed; is not applicable to the registered Will

By phlaw| 2019-12-01T18:56:08+00:00 December 1st, 2019|Categories: Will|

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Quashing—Criminal proceeding initiated by the original complainant to settle the civil dispute is an abuse of process of law and is liable to be quashed
Quashing

Quashing—Criminal proceeding initiated by the original complainant to settle the civil dispute is an abuse of process of law and is liable to be quashed

By phlaw| 2019-12-01T18:50:39+00:00 December 1st, 2019|Categories: Quashing|

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Voice Sample—Judicial Magistrate is conferred with power to a order a person to give sample of his voice for the purpose of investigation of a crime
Powers - JMIC

Voice Sample—Judicial Magistrate is conferred with power to a order a person to give sample of his voice for the purpose of investigation of a crime

By phlaw| 2019-12-01T18:48:34+00:00 December 1st, 2019|Categories: Powers - JMIC|

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Conducting of Prosecution personally—Magistrate is not bound to grant permission at the mere asking of the victim
Territorial Jurisdiction

Conducting of Prosecution personally—Magistrate is not bound to grant permission at the mere asking of the victim

By phlaw| 2019-12-01T18:44:59+00:00 December 1st, 2019|Categories: Territorial Jurisdiction|

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Registration—Decree conferring ownership rights for first time in suit for declaration requires compulsory registration
Registration Act

Registration—Decree conferring ownership rights for first time in suit for declaration requires compulsory registration

By phlaw| 2019-12-01T18:41:11+00:00 December 1st, 2019|Categories: Registration Act|

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Limitation Act, 1963, Art. 110–Suit for Declaration-Exclusion from joint/ancestral property—Limitation to file suit where a person is ousted from ancestral property would be 12 years as per Article 110, thus, Article 58 would not apply.
Limitation Act

Limitation Act, 1963, Art. 110–Suit for Declaration-Exclusion from joint/ancestral property—Limitation to file suit where a person is ousted from ancestral property would be 12 years as per Article 110, thus, Article 58 would not apply.

By phlaw| 2019-12-01T18:37:45+00:00 December 1st, 2019|Categories: Limitation Act|

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Divorce—Conduct of Wife—Wife intentionally and purposely trying to prolong the litigation between the parties by not appearing before Court amounts to inflicting mental cruelty
Matrimonial Cases

Divorce—Conduct of Wife—Wife intentionally and purposely trying to prolong the litigation between the parties by not appearing before Court amounts to inflicting mental cruelty

By phlaw| 2019-12-01T18:34:42+00:00 December 1st, 2019|Categories: Matrimonial Cases|

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Evacuee Property—Tehsildar Sales cannot claim the ownership as a mortgagee by efflux of time
Specific Relief Act

Evacuee Property—Tehsildar Sales cannot claim the ownership as a mortgagee by efflux of time

By phlaw| 2019-12-01T18:32:31+00:00 December 1st, 2019|Categories: Specific Relief Act|

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Adverse Possession—Once the plaintiff set up the plea of adverse possession cannot volte-face and claim to be co-sharer
Adverse Possession

Adverse Possession—Once the plaintiff set up the plea of adverse possession cannot volte-face and claim to be co-sharer

By phlaw| 2019-12-01T18:20:46+00:00 December 1st, 2019|Categories: Adverse Possession|

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Village Common Land—Nature of Land—The judgment and decree on admission would not have binding effect and cannot be constructed against the revenue record
Revenue Cases

Village Common Land—Nature of Land—The judgment and decree on admission would not have binding effect and cannot be constructed against the revenue record

By phlaw| 2019-12-01T18:17:42+00:00 December 1st, 2019|Categories: Revenue Cases|

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Specific Relief Act, 1963, S.34~Suit for Possession-In case of sale of share by a co-sharer, remedy of the plaintiff (buyer) would be to seek partition—Plaintiff stepped into the shoes of erstwhile co-owner and shall be treated as a co- sharer—Plaintiff if does want joint possession, can seek protection of possession qua share already in his possession.
Specific Relief Act

Specific Relief Act, 1963, S.34~Suit for Possession-In case of sale of share by a co-sharer, remedy of the plaintiff (buyer) would be to seek partition—Plaintiff stepped into the shoes of erstwhile co-owner and shall be treated as a co- sharer—Plaintiff if does want joint possession, can seek protection of possession qua share already in his possession.

By phlaw| 2019-12-01T15:32:54+00:00 December 1st, 2019|Categories: Specific Relief Act|

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Injunction–Dispossession–Landlord cannot forcibly take the possession from the tenant, even though tenant has not been successful in seeking restraint against forcible interference and dispossession.
Specific Relief Act

Injunction–Dispossession–Landlord cannot forcibly take the possession from the tenant, even though tenant has not been successful in seeking restraint against forcible interference and dispossession.

By phlaw| 2019-12-01T13:56:11+00:00 December 1st, 2019|Categories: Specific Relief Act|

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Stay on Execution—Suit was decreed exparte—Till disposal of application for setting aside of exparte decree its execution stayed.
Exparte Decree

Stay on Execution—Suit was decreed exparte—Till disposal of application for setting aside of exparte decree its execution stayed.

By phlaw| 2019-11-28T19:28:14+00:00 November 28th, 2019|Categories: Exparte Decree|

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Cruelty to Wife—It has now a days become a trend in our society to fleece the husband side by leveling shocking allegations which stir the conscience of the Court and the trend of slapping of Sections 376 and 377 IPC— Anticipatory Bail granted
Anticipatory Bail

Cruelty to Wife—It has now a days become a trend in our society to fleece the husband side by leveling shocking allegations which stir the conscience of the Court and the trend of slapping of Sections 376 and 377 IPC— Anticipatory Bail granted

By phlaw| 2019-11-28T19:26:18+00:00 November 28th, 2019|Categories: Anticipatory Bail|

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Accident—Negligence—Mere fact of triple riding would not make any difference and the same cannot be taken as a ground to presume contributory negligence
Negligence

Accident—Negligence—Mere fact of triple riding would not make any difference and the same cannot be taken as a ground to presume contributory negligence

By phlaw| 2019-11-27T18:29:01+00:00 November 27th, 2019|Categories: Negligence|

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Specific Relief Act, 1963, S.34-Suit for Partition-Plaintiff cannot seek partition by way of separate possession by merely relying upon entry in jamabandis in absence of site plan and subsequent sale deeds.
Partition Proceedings

Specific Relief Act, 1963, S.34-Suit for Partition-Plaintiff cannot seek partition by way of separate possession by merely relying upon entry in jamabandis in absence of site plan and subsequent sale deeds.

By phlaw| 2019-11-27T18:23:58+00:00 November 27th, 2019|Categories: Partition Proceedings|

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Accident—Claim Petition—Service of deceased given to his wife—It does not diminish her entitlement of compensation under Motor Vehicles Act
Claim Petition

Accident—Claim Petition—Service of deceased given to his wife—It does not diminish her entitlement of compensation under Motor Vehicles Act

By phlaw| 2019-11-27T18:20:06+00:00 November 27th, 2019|Categories: Claim Petition|

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