February 2020

Punjab Land Revenue Act, 1887, S.16–Revision–Delay in Filing-Financial Commissioner without condoning the delay in filing the revision has proceeded to set aside the order passed by the Assistant Collector 1st Grade on the ground that petitioners have been proceeded against exparte

By | February 16th, 2020|Categories: Revenue Cases|

Lambardar—Appointment of—Merely because appointed candidate is a lady and has a nine years old son itself cannot be a disqualification for treating her to be not fit for appointment Lambardar–Appointment of—Younger in Age—Age of the petitioner is 22 years, whereas appointed candidate is 32 years—Both are in the prime of their age —Choice of Collector cannot be faulted with Lambardar—Appointment of—Ownership of more land—It has now by and large lost its relevance with the exemption from land revenue and the security for that purpose

By | February 16th, 2020|Categories: Lambardari|

Lambardar—Appointment of—Backward Class—Sarbrah Lambardar can be appointed for a Backward Class category Lambardar—Appointment of—Availability of candidate—Merely because the residence of a candidate is an urban hamlet area, would not be enough to come to a conclusion that he would not be accessible to the villagers Lambardar—Appointment of—Collector made appointment by giving weight age to hereditary claim and without taking into consideration the contribution in the social field, better accessibility, personal influence and better reputation of petitioner—Matter remanded back

By | February 16th, 2020|Categories: Lambardari|

Withdrawal of Suit—Compromise by Advocate—Competence of counsel to represent plaintiff and instructions with him to enter into compromise are not proved on record—Withdrawal of suit not to operate as estoppel against the plaintiffs

By | February 16th, 2020|Categories: Compromise|

Eviction—Arrears of rent—Tenant has pleaded blanket denial of landlord-tenant relationship and at the same time an offer to pay the arrears of rent ‘to avoid any legal complications’, without seeking to indicate who according to him is his actual landlord—Plea of granting an opportunity to assess the arrears of rent held to be not genuine

By | February 13th, 2020|Categories: Punjab Rent Act|

[DIVISION BENCH] Divorce—By Mutual Consent—Once a decree under Section 13-B of the Act had been granted and which evidently is free from any coercion, neither of the parties can be allowed to wriggle out of the terms of the same

By | February 13th, 2020|Categories: Matrimonial Cases|

[DIVISION BENCH] Custody to Child—Willingness of Child—Once the child has expressed his willingness to stay with a particular parent, forcing him to go against his wishes would amount to subjecting the child not only to cruelty, but also trauma, which could  leave its scars for the rest of his life

By | February 13th, 2020|Categories: Guardian & Wards|

[DIVISION BENCH] Exparte Decree—Setting aside of—Divorce Decree—Wife came to know only after death of her husband—Divorce decree set aside even though application was filed after 5 years of such decree

By | February 13th, 2020|Categories: Exparte Decree|

[DIVISION BENCH] Custody of Child-Willingness of Child-Fact that father never met the minor children from last 10 years nor did he render any assistance stands un-rebutted—Custody held to be rightly given to mother. Custody of Child—Financial capacity of mother—It pales into insignificance in front of welfare of child

By | February 13th, 2020|Categories: Guardian & Wards|

Bail–NDPS-Commercial Quantity-Recovery of Charas-Prosecution witnesses i.e all police officials are not appearing time and again despite several orders passed by trial court for appearance-Without commenting on merits; bail granted

By | February 13th, 2020|Categories: Bail - Narcotics|

Recalling of Witness—No prejudice would be caused to recall the doctor to cross examine whether he had also examined the co-accused and had issued/signed the Medico Legal Report qua any injuries on the co-accused

By | February 13th, 2020|Categories: Evidence - Criminal Cases|

Abetment to Suicide-Bail-Petitioner is charged u/s 306IPC r/w S.34 IPC–Keeping in view petitioner has been in custody for last 5 months and no prosecution witness having been examined till date; bail granted

By | February 13th, 2020|Categories: Bail Granted|

Summoning of Witness-Trial Court has jurisdiction to summon any person or witness, even if such person was not summoned earlier, if the court is of the opinion that such person is essential to be examined for the just decision of the case.

By | February 13th, 2020|Categories: Evidence - Criminal Cases|

[DIVISION BENCH] Dowry Death—Acquittal—Two suicide notes were written by deceased-­There was no allegation of demand of dowry and harassment at the hands of accused person—Leave to appeal declined

By | February 12th, 2020|Categories: Acquittal|

A Child In Conflict With Law Cannot Be Kept In Jail Or Police Lockup At Any Circumstances: SC HELD “We make it clear that the Juvenile Justice Boards are not meant to be silent spectators and pass orders only when a matter comes before them. They can take note of the factual situation if it comes to the knowledge of the JJBs

By | February 12th, 2020|Categories: Juvenile/Children Act|

[DIVISION BENCH] Murder—Missing link Evidence—Mere recovery of phone allegedly on disclosure statement by the accused from which calls were made to the deceased before his death is not sufficient for conviction

By | February 10th, 2020|Categories: Acquittal|

[DIVISION BENCH] Murder—Motive—Acquittal—On previous day deceased had heated arguments with the appellants regarding indecent remarks made by them about the wife and mother of the deceased in a drunken condition—It is too trivial to motivate the appellants to commit murder of the deceased

By | February 10th, 2020|Categories: Murder|