November 2019

Punjab Land Revenue Act, 1881, S. 11 and S.158~Suit for Partition-Jurisdiction of Civil Court—Merely because land reflected in the revenue record as abadhi deh whereas now construction has come up on said land the jurisdiction of Civil Court would not be barred.

By | November 27th, 2019|Categories: Partition Proceedings|

Article 100 of the Limitation Act, cannot be a sole ground for refusal as the expression “other than a suit” cannot come in the way of the petitioner-Further, relief can be moulded under 0.7 R.7 CPC.

By | November 27th, 2019|Categories: Limitation Act|

Bail-Cancellation of-Default in appearance—High Court while exercising powers under Section 439 of the Cr.P.C., in cases triable by the Courts below, only directs the concerned Court to admit such accused to bail during the pendency of the trial-High Court does not itself admit the accused the bail — Anticipatory Bail-Default in Appearance-Once accuse has submitted to the jurisdiction of the trial Court and has been granted concession of bail, application under Section 438 of the Cr.P.C. is not maintainable.

By | November 27th, 2019|Categories: Anticipatory Bail|

Suit for Declaration-Ad valorem Court Fee-The plaintiff has not sought the relief of possession or cancellation of the sale deed—It is simplicitier suit for declaration as they are stated to be in possession-Since the trial Court has kept the other issue with regard to fraud and impersonation open, to be decided at the final stage of the suit

By | November 25th, 2019|Categories: Court Fees|

Civil Procedure Code, 1908, 0.6 R.17~Amendment of Pleading-Converting the suit for injunction to specific performance of agreement to sell-Application for amendment cannot be outrightly rejected-Pleadings have to be proved vis- a-vis the evidence.

By | November 25th, 2019|Categories: Amendment of Plaint|

Agreement to Sell-Readiness and Willingness- -Once the defendants (seller) denied the execution of agreement to sell and alleged that they had signed the blank papers for lease deed and the same are being misused; relief under S.77 of Registration Act cannot be granted

By | November 25th, 2019|Categories: Specific Performance|

“When a person undergoes a trial in which he is acquitted of the allegation of offence under Section 498-A of IPC, levelled by the wife against the husband, it cannot be accepted that no cruelty has meted on the husband.”

By | November 24th, 2019|Categories: Mental Cruelty|

Specific Relief Act, 1963, S.34-Suit for Declaration-Right to Title~The limitation would not be a impediment for claiming the right to the title and can be invoked only when there is threat to the possession or title.   

By | November 24th, 2019|Categories: Limitation Act|

Specific Relief Act, 1963, S.37–Injunction–Against forcible dispossession-In case of simpliciter injunction, plaintiff is required to prove long and settled possession—In present case, it remained unproved-Suit for injunction held to be righty dismissed.   

By | November 24th, 2019|Categories: Injunction|

Proclaimed Offender—Merely because the summons and non-bailable warrants are received back as unserved it cannot be presumed that accused is well aware of proceedings and is intentionally avoiding his presence in Court

By | November 24th, 2019|Categories: Proclaimed Offender|

Bail–NDPS- Commercial Quantity-Recovery of 15 injections of Buprenorphine 2 ml each—Petitioner is in custody for 7 months and 21 days—Co-accused is already on bail-Without commenting on merits; bail granted-

By | November 24th, 2019|Categories: Bail - Narcotics|

Additional Evidence at Appellate Stage—S.391 CrPC does not in any manner restrict the jurisdiction of the Appellate Court to take further evidence beyond the statement of the accused under S.313 CrPC

By | November 21st, 2019|Categories: Additional Evidence|

Dishonour of Cheque—Offence by Company—Directions issued to trial court to insist upon production of Form 32 and annual return before summoning Dishonour of Cheque—Notice—Averments made in the legal notice cannot be constructed to be averments made in the complaint

By | November 21st, 2019|Categories: Cheque Bounce|