October 2019

Panchayati Raj—Election—Recounting of Votes—Upon a application/ representation being made to a Returning Officer, he is bound to pass an order, by giving detailed reasons for accepting or rejecting the same

By | October 9th, 2019|Categories: Haryana Panchayati Raj Act|

Withdrawal of Suit—Issue of Limitation—While granting permission to withdraw the suit as wrong remedy of filing said suit was availed and granting liberty to file a fresh suit; it cannot be directed fresh suit should not be barred on account of limitation to file such suit

By | October 9th, 2019|Categories: Limitation Act|

Civil 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

By | October 9th, 2019|Categories: Transfer of Civil cases|

Adverse 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

By | October 9th, 2019|Categories: Limitation Act|

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.

By | October 9th, 2019|Categories: Review|

Punjab 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.   

By | October 9th, 2019|Categories: Punjab Land Revenue Act|

Service Law—Reinstatement—Once the charge-sheet was issued to the petitioner, then without completing the codal formalities of providing opportunity of being heard, petitioner cannot be dismissed from service

By | October 8th, 2019|Categories: Service Cases|

Held; Non-filing of written statement in the circumstances was not for delaying the effective and early disposal of the petition and moreover, it had not caused any prejudice to the other party—Delay condoned—Limitation Act, 1963, S.5

By | October 8th, 2019|Categories: SARFEASI|

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

By | October 8th, 2019|Categories: Punjab Land Revenue Act|

Bail granted- – Prevention of Money Laundering Act, 2002, S.45–Money Laundering–Bail–Mere non-explanation of source of some money during investigation cannot be a ground to decline bail during pendency of trial which would take time to conclude-

By | October 8th, 2019|Categories: Bail|

Amendment of Written Statement—Consequential amendment due to amendment in plaint—It cannot be done under the guise of a ‘consequential amendment’and necessarily, an application under Order 6 Rule 17 of the CPC has to be filed by the defendants

By | October 8th, 2019|Categories: Amendment of written statement|

Specific Relief Act, 1963, S.34–Suit for Recovery-Execution of Pronote– Authenticity of revenue stamp affixed- trial Court directed to get the stamps verified from the Government Press at Nasik, as per procedure

By | October 8th, 2019|Categories: Specific Relief Act|

Municipal 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

By | October 8th, 2019|Categories: Haryana Municipal Act|

V 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

By | October 6th, 2019|Categories: Divorce|

Electronic 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

By | October 2nd, 2019|Categories: Evidence - Criminal Cases|

Narcotics—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

By | October 2nd, 2019|Categories: Narcotics|

Investigation—Mention of Caste—Investigating Officers directed not to state/mention the caste of the accused, victims or witnesses in recovery memos, FIR’s, seizure memos, inquest papers and other forms prescribed under the Code of Criminal Procedure, 1973 and Punjab Police Rules       

By | October 2nd, 2019|Categories: Evidence - Criminal Cases|

Juvenile—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

By | October 2nd, 2019|Categories: Juvenile/Children Act|

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

By | October 2nd, 2019|Categories: Anticipatory Bail|