Cheque Bounce Cheque bounce – -Purpose of trial is to elicit truth — Trial should not be fair only to the accused but it should also be fair to the complainant/prosecution — Petitioner permitted to lead the evidence by way of additional documents. November 20, 2022 phlaw
Bail Granted Dowry death – Regular bail to husband — Nothing on record to show that the petitioner has any criminal antecedents — Court cannot ignore the fact that there are two minor children whose future is also at stake – Bail allowed. November 20, 2022 phlaw
Cheque Bounce Cheque bounce the entire payment was made in cash, Section 269 SS of Income Tax Act prohibits acceptance of deposit/loan in cash in excess of Rs.20,000/, different pen was used to sign and fill columns of cheque and no document was executed at the time of alleged payment of Rs.5 lakhs in cash – Trial court acquitted the accused rightly November 20, 2022 phlaw
Additional accused Section 319 CrPC HELD examined the material on record, the evidence recorded during the course of prosecution, if remains unrebutted, will not be sufficient to lead the conviction so far as the present appellant is concerned and accordingly the order passed by the High Court is not sustainable in law and deserves to be set aside. November 15, 2022 phlaw
Bail Granted Snatching of mobile – custody since 15.07.22 – nominated on the disclosure statement made by the co-accused — bail granted October 30, 2022 phlaw
Cheque Bounce Whether cheque was issued for time barred debt or not cannot be decided in quashing petition under Section 482 CrPC: Supreme Court The Court quashed an order of the Punjab and Haryana High Court which had set aside a cheque bounce case under Section 138 of the Negotiable Instruments Act. October 30, 2022 phlaw
Bail Granted Protection of Children from Sexual Offences Act, 2012, S 8, 12 – Shameful act – both the material witnesses i.e. victim and the complainant have been examined and petitioner of 54 years of age, is not involved in any other similar shameful act in his past – Custody 07 months — release the petitioner on bail. October 29, 2022 phlaw
Acquittal Food Adulteration Act HELD that the expert evidence did not take into consideration the proviso to Section 2(ia)(m) of the Prevention of Food Adulteration Act which exempts adulteration due to natural causes beyond human control. Conviction quashed. October 26, 2022October 26, 2022 phlaw
Jurisdiction - Civil Court Punjab Village Common Lands Revenue Cases Shamilat Deh Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961 – Any Dispute With Respect To Mutation Entry Can Only Be Before Revenue Authorities October 26, 2022 phlaw
Corporate cases R E R A Real Estate (Regulation and Development) Act, 2016 (16 of 2016), Section 5 – Registration of project — Declaration by promoter – Reduction in time — Power/ Jurisdiction of Authority — Authority has no power or jurisdiction to reduce the time period mentioned in the declaration — If it feels that the period mentioned is arbitrary or unacceptable due to any reasons, a notice to show cause for rejection of the application must be given. Appeal accepted October 22, 2022 phlaw
