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June 2019

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Gallery
Rebuttal Evidence-In absence of rebuttal issue, the plaintiff cannot be permitted to lead the evidence in rebuttal despite the fact that he had reserved the right to rebut the evidence
Rebuttal Evidence

Rebuttal Evidence-In absence of rebuttal issue, the plaintiff cannot be permitted to lead the evidence in rebuttal despite the fact that he had reserved the right to rebut the evidence

By phlaw| 2019-06-05T13:14:16+00:00 June 5th, 2019|Categories: Rebuttal Evidence|

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Gallery
Immoral Traffic—Petitioners were found in objectionable position- Prostitution of one own’s body is not a crime—FIR quashed
Quashing

Immoral Traffic—Petitioners were found in objectionable position- Prostitution of one own’s body is not a crime—FIR quashed

By phlaw| 2019-06-05T13:10:55+00:00 June 5th, 2019|Categories: Quashing|

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Gallery
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
Bail

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 phlaw| 2019-06-05T13:08:00+00:00 June 5th, 2019|Categories: Bail|

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Gallery
Dishonour of Cheque—Loan Transaction—Factum of payment under loan transaction as alleged not proved on record—Accused entitled for acquittal
Cheque Bounce

Dishonour of Cheque—Loan Transaction—Factum of payment under loan transaction as alleged not proved on record—Accused entitled for acquittal

By phlaw| 2019-06-05T13:04:54+00:00 June 5th, 2019|Categories: Cheque Bounce|

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Gallery
IMP- Corruption—Patwari is a Government/Public servant and cannot he prosecuted under Corruption Act without mandatory sanction for prosecution
Corruption Cases

IMP- Corruption—Patwari is a Government/Public servant and cannot he prosecuted under Corruption Act without mandatory sanction for prosecution

By phlaw| 2019-06-05T13:01:46+00:00 June 5th, 2019|Categories: Corruption Cases|

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Gallery
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
Bail - Narcotics

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 phlaw| 2019-06-05T12:57:11+00:00 June 5th, 2019|Categories: Bail - Narcotics|

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Gallery
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
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 phlaw| 2019-06-05T12:39:46+00:00 June 5th, 2019|Categories: Bail - Narcotics|

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Gallery
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
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 phlaw| 2019-06-05T12:37:10+00:00 June 5th, 2019|Categories: Bail - Narcotics|

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Gallery
Exparte Decree—Setting aside of—Application under 0.9 R. 13 CPC did not aver specific pleading qua acquisition of knowledge- Application dismissed
Exparte Decree

Exparte Decree—Setting aside of—Application under 0.9 R. 13 CPC did not aver specific pleading qua acquisition of knowledge- Application dismissed

By phlaw| 2019-06-05T12:33:06+00:00 June 5th, 2019|Categories: Exparte Decree|

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Gallery
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
Local Commissioner

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 phlaw| 2019-06-01T19:00:47+00:00 June 1st, 2019|Categories: Local Commissioner|

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Gallery
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.
Amendment of written statement

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 phlaw| 2019-06-01T18:56:22+00:00 June 1st, 2019|Categories: Amendment of written statement|

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Gallery
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
Transfer of Property Act

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 phlaw| 2019-06-01T18:40:02+00:00 June 1st, 2019|Categories: Transfer of Property Act|

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Gallery
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
Amendment of written statement

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 phlaw| 2019-06-01T18:35:14+00:00 June 1st, 2019|Categories: Amendment of written statement|

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Gallery
Summoning of additional accused—Murder—Complainant was himself confused about number of assailants—Contrary stand at different stages- -Application u/s 319 Cr.P.C dismissed
Additional accused

Summoning of additional accused—Murder—Complainant was himself confused about number of assailants—Contrary stand at different stages- -Application u/s 319 Cr.P.C dismissed

By phlaw| 2019-06-01T18:31:12+00:00 June 1st, 2019|Categories: Additional accused|

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Gallery
Dishonour of Cheque–Re- examination of ‘witness’- Application u/s 311 Cr.P.C not to be dismissed merely because it was filed at belated stage
Cheque Bounce

Dishonour of Cheque–Re- examination of ‘witness’- Application u/s 311 Cr.P.C not to be dismissed merely because it was filed at belated stage

By phlaw| 2019-06-01T18:28:39+00:00 June 1st, 2019|Categories: Cheque Bounce|

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Gallery
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
Bail - Narcotics

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 phlaw| 2019-06-01T18:25:03+00:00 June 1st, 2019|Categories: Bail - Narcotics|

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Gallery
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
Liability of Insurance Company

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 phlaw| 2019-06-01T18:22:12+00:00 June 1st, 2019|Categories: Liability of Insurance Company|

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Gallery
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
Bail

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 phlaw| 2019-05-29T18:40:54+00:00 May 29th, 2019|Categories: Bail|

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Gallery
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
Negligence

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 phlaw| 2019-05-29T18:38:22+00:00 May 29th, 2019|Categories: Negligence|

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Gallery
Court Fees—Refund of Court Fee—Appellant is entitled to refund of the Court fee even if compromise between parties was affected out of court
Court Fees

Court Fees—Refund of Court Fee—Appellant is entitled to refund of the Court fee even if compromise between parties was affected out of court

By phlaw| 2019-05-29T18:34:44+00:00 May 29th, 2019|Categories: Court Fees|

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Gallery
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
Divorce

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 phlaw| 2019-05-29T18:29:54+00:00 May 29th, 2019|Categories: Divorce|

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Gallery
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
Seconday Evidence

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 phlaw| 2019-05-29T18:19:50+00:00 May 29th, 2019|Categories: Seconday Evidence|

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Gallery
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
Specific Relief Act

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 phlaw| 2019-05-29T18:17:19+00:00 May 29th, 2019|Categories: Specific Relief Act|

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Gallery
Marriage—Petition to declare second marriage as void not to be rejected merely on the ground that decree of divorce of first marriage has not been produced by plaintiff
Jurisdiction - Civil Court

Marriage—Petition to declare second marriage as void not to be rejected merely on the ground that decree of divorce of first marriage has not been produced by plaintiff

By phlaw| 2019-05-29T18:13:55+00:00 May 29th, 2019|Categories: Jurisdiction - Civil Court|

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