October 2019
Permalink GalleryCivil Procedure Code, 1908, S.24–Transfer of Petition-Custody of Child- Child is aged 3 years—Contention of petitioner (mother of child) she being a young woman, having no source of income, it is difficult for her to travel from Jalandhar to Ludhiana, to attend the dates of hearing in the Court there, covering a distance of about 70 kms on one side—In absence of any strong circumstances to the contrary, application allowed
Permalink GalleryAdverse Possession—Suit for Ownership—If a person has remained in possession for a long time, claiming documentary title to a property but eventually is unable to prove that title, he can also take an alternative plea of having been in adverse possession Adverse Possession—Revenue Records—In a plea of adverse possession, presumption of truth attached to record of rights is not to be considered
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Civil Procedure Code, 1908, S.114-Review-Scope of–Interpretation of Statutes–If High Court has made a wrong interpretation by holding the Rule to be prospective rather than retrospective, as the impugned notification was silent as to its applicability, the same cannot be the ground for review.
Permalink GalleryPunjab Land Revenue Rules, 1908r R. 15–Appointment of Chowkidar– Educational Qualification-Appointment of respondent on the ground he being more educated than the petitioner while other aspects like age, recommendation by villagers and participation in social work being similar; is justified and is being upheld.
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Punjab Land Revenue Act, 1881, S.123–Partition Proceedings—Non service of Summons—Revisions against order issuing sanad takseem and issuance of warrants of possession—Two of the respondents were not issued summons because of the negligence and misconduct of the revenue officials-Basic right of hearing cannot be denied
Permalink GalleryMunicipal Corporation—Election Petition—Not presented personally but through an Advocate—Not liable to be dismissed Municipal Corporation—Election Petition—Filing of Improper Affidavit—Not a ground for dismissal of election petition Municipal Corporation—Election Petition—Petition was not actually signed on every page by the election petitioner—Not a ground for dismissal of election petition
Permalink GalleryV IMP : Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably. HELD:” in exercise of powers under Article 142 of the Constitution of India the marriage cannot be dissolved on the ground of irretrievable breakdown of marriage is concerned, the aforesaid has no substance: SC
Permalink GalleryElectronic Evidence—Call details of mobile phone—No officer/official of the mobile company was produced; call details were prepared through information received from internet; no certificate of genuineness regarding call details has been issued by the officer of mobile company—Such report held to inadmissible
Permalink GalleryNarcotics—Search and Seizure—CFSL Form 29—No record on judicial file indicating that three copies of CFSL form and three sample seal chits were prepared at the spot—All the columns should be filled up and seals of impressions should be on form itself and the pasting of the same later on is deprecated—Accused acquitted. Narcotics—Case Property–Non deposit in Malkhana as per rules-Non- compliance of such rules casts doubt whether it is the same case property which was recovered from the accused and sent to FSL or it was case property of some other case—Thus entitles the accused for acquittal
Permalink GalleryJuvenile—Determination of Age—Under the provisions of New Act of 2015, the primacy has been given the assessment of the Board/Court; Matriculation certificate no more enjoys that exclusive privilege; Assessment can be done on physical appearance and the school certificate and the matriculation certificate have been put at par
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Anticipatory Bail—Concurrent Jurisdiction of Courts—Unless there is some extraordinary or exceptional circumstance, the accused should not move directly in the High Court—In normal course, accused should approach the Court of Sessions Judge first. Anticipatory Bail—Concurrent Jurisdiction of Courts—It cannot be held that once the High Court has been approached then High Court has to in all cases exercise its power and adjudicate the matter—High Court has power to ask the accused to approach the Sessions Court first