June 2019

Murder-Bail-Petitioner was named in the FIR but neither any weapon has been recovered from his possession nor any recovery has been attributed to him~Keeping in view that petitioner is in custody for more than one and half years; without commenting on merits, bail granted

By | June 5th, 2019|Categories: Bail|

Bail-IIlicit liquor-Police had raided the house of the petitioner and at that time the son of the petitioner escaped after throwing the packet which contained 1180 intoxicant tablets and from the house of the petitioner 15 gms of Heroine and 150 liters of Lahan was also recovered-Keeping in view that petitioner has undergone 07 months and 8 days in custody-Bail granted

By | June 5th, 2019|Categories: Bail - Narcotics|

Anticipatory Bail- -NDPS-No recovery was made from petitioner and no other case is pending against him~Petitioner was nominated on statement of co-accused who stated that she purchased the contraband from petitioner—Without going into merits of case, bail granted

By | June 5th, 2019|Categories: Bail - Narcotics|

Bail–NDPS- Recovery of 15 injections of Burenorphine of 2 ml each-Petitioner in custody for more than 1 year and 23 days-Out of 14 only 3 witness have examined so far-Trial to take time-Keeping in view period of custody, without going into merits, bail granted

By | June 5th, 2019|Categories: Bail - Narcotics|

Eviction—Unfit and Unsafe premises—If the Rent Controller comes to the conclusion that it is not sufficient to prove the actual condition of the demised premises one way or the other, the appointment of a Local Commissioner can be considered

By | June 1st, 2019|Categories: Local Commissioner|

Civil Procedure Code, 1908, 0.6 R. 17-Amendment of Written Statement- Replication—Since an  amendment in the written statement has been allowed the plaintiff would have a right to file a replication thereto. 

By | June 1st, 2019|Categories: Amendment of written statement|

Sale Deed-Setting aside of-In present case owner of property alleged that her power of attorney holder has fraudulently executed sale deed on her behalf-However, as per evidence on record all the acts for execution of sale deed were done with knowledge and consent and some even by owner herself-Fraud and Misrepresentation not proved-Suit dismissed

By | June 1st, 2019|Categories: Transfer of Property Act|

Amendment of Written Statement-plaintiff had signed the plaint after duly reading it and therefore at a stage after the suit already had earlier stood dismissed in default, and was also delayed earlier for non-payment of court fee, with an amendment already allowed earlier, there is no ground whatsoever to interfere with the impugned order

By | June 1st, 2019|Categories: Amendment of written statement|

Bail~NDPS~Delay in Trial—Recovery of 1.175 kgs of charas from conscious possession of petitioner-Till date no witness has been examined despite elapsing of around 11 months—Conclusion of trial to take long time—Without commenting on merits, bail granted

By | June 1st, 2019|Categories: Bail - Narcotics|

Accident–Insurance—Tractor and trolley were insured in respect of basic third party claim—Tractor and trolley were used for transportation of LPG cylinder—Insurance company held liable to pay

By | June 1st, 2019|Categories: Liability of Insurance Company|

May 2019

Rape–Bail–Complaint by husband of prosecutrix—Owner of hotel where allegedly offence was committed stated that prosecutrix came with petitioner and had signed the entry in register- -Thus, the culpability of the petitioner whether it was consensual act or rape is yet to be established during trial only—Bail granted

By | May 29th, 2019|Categories: Bail|

Accident~Contributory Negligence-Accident took place at’T’ point while the jeep was on main road—Claimant took his jeep on kutcha road and truck struck against jeep by coming on the kutcha road-Claimant had an obligation to ensure that no vehicle is coming on the main road while he was entering the main road-Claimant/driver of jeep also held negligent

By | May 29th, 2019|Categories: Negligence|

Divorce by mutual consent-Waiving off waiting period of six months—Period mentioned in Section 13-B(2) of the Hindu Marriage Act is not mandatory, rather the same is directory and it is open to the Court to exercise its discretion in the facts and circumstances of each case

By | May 29th, 2019|Categories: Divorce|

Secondary Evidence—Mere allowing of application for leading secondary evidence does not mean that the document is admitted in evidence or it is a finding of existence of document and its loss under some circumstances

By | May 29th, 2019|Categories: Seconday Evidence|

Agreement to Sell—Execution of Decree—Enlargement of Time—Non deposit of balance sale consideration as per decree—Suit for specific performance of agreement to sell not to be dismissed automatically in the absence of such rider clause in the decree

By | May 29th, 2019|Categories: Specific Relief Act|