February 2020

[DIVISION BENCH] Narcotics—Personal Search—Illegal Offer—Where in response to even illegal offer, accused claims that he must be searched by a Gazetted Officer and Gazetted Officer is called, then illegality of the offer would pale into insignificance

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

Arrest Warrant by Magistrate—Before filing report under Section 173 the police cannot get a warrant of arrest against a person, without any specific reason, and therefore a person cannot be declared as a proclaimed offender in routine by following procedure under Section 82 ofCr.P.C.; only because despite having power to arrest an accused the police had not succeeded in arresting such a person or might not have chosen to arrest such a person

By | February 10th, 2020|Categories: Powers - JMIC|

Quashing—Compromise between parties—Non Compoundable Offences–If the Court does not permit the same to be compromised then the parties would tend to play tricks upon the Court to ensure the acquittal of accused by subverting the administration of criminal justice—So it would always be in the interest of justice itself; that the compromise between the parties is recognized

By | February 9th, 2020|Categories: Quashing|

Bail–NDPS–Recovery of 110 gms of intoxicant powder-Quantity of prohibited substance Alprazolam in the entire recovery is only 0.38% which is less than even the small quantity prescribed for the substance—Bail granted

By | February 9th, 2020|Categories: Bail - Narcotics|

Bail–NDPS–Recovery of 25 injections of Buprenophine—FSL report does not show even the presence of any prohibited substance as result of chemical examination—Without commenting on merits, bail granted

By | February 9th, 2020|Categories: Bail - Narcotics|

Negotiable Instruments Act, 1881, S.138–Dishonour of Cheque-Closing of defence evidence by order One effective opportunity granted to lead defence evidence subject to payment of costs of Rs.25000

By | February 9th, 2020|Categories: Cheque Bounce|

[DIVISION BENCH] Village Common Lands—Shamlet Deh—Collector passed the order of eviction against the petitioner only on the basis of site plan and the personal inspection but without recording any finding as to how he came to the conclusion that the land in dispute is a pond (tobha)— Eviction order set aside

By | February 9th, 2020|Categories: Shamilat Deh|

Accident—Claim Petition—Legal representatives of deceased need not necessarily be dependent upon the deceased Accident—Claim petition by the sons of the deceased who are major and were not dependent on the deceased is maintainable

By | February 9th, 2020|Categories: Claim Petition|

Eviction—Bonafide Necessity–Death of Landlord—Death of the landlord or son for whom the premises were required, shall not effect the bona fide need as projected at the time of filing of the petition

By | February 9th, 2020|Categories: Punjab Rent Act|

Suit for Possession—Part Performance—Unregistered agreement to sell–Since no suit for specific performance was filed as the agreement to sell was never enforced—Plea under Section 53-A of the Act is not attracted for want of registration of agreement to sell

By | February 9th, 2020|Categories: Transfer of Property Act|

Anticipatory Bail—Bigamy—Second marriage during subsistence of first marriage—Submission that complainant along with her family members were fully aware of his marital status—Whether any misrepresentation was made by the petitioner or not to be seen during trial—Anticipatory bail granted

By | February 8th, 2020|Categories: Anticipatory Bail|

Dowry Death—Bail—Medical record does reflect that she could not conceive from this marriage as submitted in defense—Postmortem report reveals death by hanging and absence of any injury marks—Bail granted

By | February 8th, 2020|Categories: Bail Granted|

Cheating~Anticipatory Bail-Allegation that petitioner being partner of firm received cheques of firm but deposited in his account-Petitioner contended that cheque were deposited in account of firm firms and that the allegations point to a civil dispute

By | February 8th, 2020|Categories: Anticipatory Bail|

Narcotics—Bail—Recovery of 25 injections—Each containing 2ml Buprenorphine—Petitioner in custody for over 1 year 9 months—6 out 11 witnesses have been examined so far—Trial to take time—Bail granted

By | February 8th, 2020|Categories: Bail - Narcotics|

Summoning as additional accused—Merely, because private respondents had been named in the FIR which has been reiterated by the complainant in the deposition before the court would not be sufficient to issue summon

By | February 8th, 2020|Categories: Additional accused|