May 2019

Accident–Claim Petition-Wrong description of vehicle–The mere fact that in the medical records, there is mention of bus in place of road roller is not sufficient to reject testimonies of injured and eye witness recorded before Tribunal and were subject to cross examination, which yielded no result in favour of respondents- Claim petition upheld.

By | May 27th, 2019|Categories: Claim Petition|

Accident—Insurance—Cheque for payment of insurance premium dishonored—No intimation issued that policy has been cancelled—Insurance company held liable to pay and has no recovery rights

By | May 27th, 2019|Categories: Claim Petition|

Complainant, a rickshaw puller gave only ending numeric number of offending vehicle and described the vehicle as ‘Gypsy’– Complainant was stranger to deceased and would not depose against police officials unnecessarily-Vehicle was traced on directions of Court-Presence of vehicle admitted by respondents but with different story—Version of complainant admitted-Claim petition allowed.

By | May 27th, 2019|Categories: Claim Petition|

Bail–NDPS-Conscious possession-Intermediate Quantity-Recovery of 700 tablets (less than commercial quantity) of Diphenoxylate Hydrochloride containing 44 grams of prohibited substance—Debatable question whether each of two accused can be attributed with conscious possession of 700 tablets-­Petitioner is in custody from last 11 months—Bail granted

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

Death of Quick Unborn Child—The requirement is not of causing injury with any sharp edged weapon or any such like weapon, rather “any act” will bring the offence punishable under Section 316 IPC

By | May 24th, 2019|Categories: Charge|

Outraging modesty of women–Kidnapping–Bail–Petitioner was not named in FIR–She has seen petitioners in the police custody and identified them–Statement of prosecutrix that no test identification parade was conducted after arrest of the petitioner and co-accused-Co-accused already on bail-Bail granted

By | May 24th, 2019|Categories: Bail|

Attempt to Murder–Bail-Non recovery of weapon of offence—Allegation against the petitioner is that he caused injuries on the head of the complainant; with kirpan, however, the police has not been able to recover any kirpan from the petitioner-Bail granted

By | May 21st, 2019|Categories: Bail|

Bail–NDPS~ Recovery of 190 injections of containing prohibited substance Buprenorphine Hydroeleride—However, as per the manufacturer details, the quantity of the prohibited substance in the entire recovery comes only to be 0.114 grams which is even less than small quantity prescribed for the substance—Without commenting on merits, bail granted

By | May 20th, 2019|Categories: Bail - Narcotics|

Held; that in such a situation the petitioners could hold a bonafide belief that the present proceedings may not continue—There is sufficient explanation for non-appearance of the petitioners before the learned Rent Controller in the present proceedings-Legal position that tender of rent in separate proceedings cannot be treated to be a valid tender of rent in the present case is not applicable in instant case—Exparte decree set aside

By | May 20th, 2019|Categories: Punjab Rent Act|

Accident—Claim Petition—Mere fact that driver was put to trial on presentation of report under Section 173 Cr.P.C. is not sufficient to record a finding of rashness or/and negligence against driver

By | May 20th, 2019|Categories: Claim Petition|

Misconduct by Arbitrator-­ Appointment of Arbitrator stood cancelled and new arbitrator was appointed-But despite termination of his appointment first arbitrator continue to hold arbitration proceedings and pass awards-Held; Any award passed after termination of appointment is without jurisdiction and is liable to be set aside

By | May 20th, 2019|Categories: Arbitration|

Abetment to Suicide-Summoning of additional accused—Anticipatory bail-Deceased died unnatural death after almost 11 years of marriage—Prosecution failed to convince how deceased has been forcibly administered the poison as alleged; whereas there is nothing suggestive in the post mortem report to that effect—Bail granted

By | May 19th, 2019|Categories: Bail|

Bail–NDPS– Recovery of 750 tablets containing the prohibited substance/Tramodol Hydrochloride-Actual quantity of prohibited substance found is only 73 grams- -Petitioner is not required for any investigation purpose–Without commenting on merits, bail granted

By | May 19th, 2019|Categories: Bail - Narcotics|

Eviction—Personal Necessity—Merely because the landlord’s father was having an office at the backside of the demises premises, does not preclude the landlord from claiming his own bonafide personal necessity

By | May 17th, 2019|Categories: Punjab Rent Act|

Eviction—Personal Necessity—Merely because son of landlord for whose benefits the premises were sought himself has not stepped into the witness box cannot be ground to set aside the eviction petition filed by the landlords

By | May 17th, 2019|Categories: Punjab Rent Act|

Rape–False promise to marry–Bail–Consensual sex-Deposition of prosecutrix transpires that she and the petitioner were in illegal relation-Statement of prosecutrix has already been recorded—Trial to take time-Bail granted-

By | May 17th, 2019|Categories: Bail|

Dishonour of Cheque-Burden of proof—Presumption of debt—Once the signature/execution of cheque is admitted existence of legal debt follows—Therefore, it is for accused to prove that the cheque was not for legal debt or liability.     

By | May 15th, 2019|Categories: Cheque Bounce|

Civil Procedure Code, 1908, O.11 R.I & R.2–Serving of Interrogatories-­Application for serving of interrogatories at the fag end of trial to fill up lacuna and prolong the litigation not to be allowed.

By | May 15th, 2019|Categories: Jurisdiction - Civil Court|

Haryana Urban (Control of Rent & Eviction) Act, 1973, S.13–Eviction— Assessment of Provisional Rent—When the tenant himself denied the liability to pay rent and claimed rent was paid upto date, then there was no occasion for the Rent Controller to pass an interim order to assess

By | May 15th, 2019|Categories: Haryana Rent Act|