March 2019

Injunction—Suit for Possession—Court Fee— Civil suit for mandatory injunction claiming possession of the suit property from the defendants in the absence of payment of court fees, much less branding them to be licenses would be maintainable in case they have been filed within reasonable time, otherwise relief for possession on payment of court fees is required to be sought

By | March 15th, 2019|Categories: Injunction|

Ex-parte Decree—Setting aside of—Separate Suit is maintainable to challenge an ex-parte decree but the same can only be allowed if the court comes to a conclusion that previous ex-parte decree was result of fraud

By | March 15th, 2019|Categories: Exparte Decree|

Temporary Injunction- Application under O.39 R.I and R.2 not to be dismissed on ground of lack of jurisdiction in absence of any application by defendants for rejection/return of plaint under O.7 R.11 or R.7 R.10 CPC on this ground—Question of jurisdiction requires leading of evidence at an appropriate stage—Order dismissing the application set aside.              

By | March 14th, 2019|Categories: Injunction|

Cheating—Quashing—Locus Standi to file complaint-Fraudulently selling of property by the petitioners-Complainant is complete stranger to entire exercise adopted by petitioners-Complainant is not even effected with any of the transactions by the petitioners-Therefore, complainant has no locus standi to lodge impugned FIR Aggrieved  party of alleged illegal act has no objection to such an act—FIR quashed

By | March 14th, 2019|Categories: Quashing|

Outraging modesty of woman-Anticipatory Bail-Complainant alleged that she used to receive unsolicited calls from mobile phone and sender used to harass her repeatedly—Held; from the messages screened during investigation nothing indecent or obscene had come out-Bail granted-

By | March 13th, 2019|Categories: Anticipatory Bail|

Abetment to Suicide-Dowry Death–Anticipatory Bail-Addition of Charge-Petitioner already on bail for offence u/ s 306 IPC-Prosecution has moved an application for addition of charge u/s 304-B IPC which is yet to be decided-Held; to sub-serve ends of justice directions issued to trial court that in case of addition of offence u/s 304-B IPC petitioner be released on bail

By | March 10th, 2019|Categories: Anticipatory Bail|

Commission of Inquiry—Bhupinder Singh Hooda case—Grant of commercial license for development of land—Commission did not issued mandatory notice under section 8-B of the Act—Report held to be null and void. Commission of Inquiry—Opportunity of being heard—Wherever the conclusion of the report effects the reputation of a delinquent person, the said person is mandatorily required to be served with notice under S.8-B—Non serving of such notice would make the report of commission null and void.

By | March 10th, 2019|Categories: Constitution of India|

Suit for ownership—Once the original sale deed has been produced and has come on record, the court cannot refuse to look into said document in favour of the plaintiff merely because it has been produced by the defendant

By | March 9th, 2019|Categories: Specific Relief Act|

Transfer of Property Act, 1881, S.45-Joint Property-Extent of Share- Shares of the purchaser are to be determined by the proportion of sale amount respectively contributed by them and/or as mentioned in sale deed- -Mere mention of having equal shares in subsequently and accordingly executed documents like Will, mortgage and gift deed would be of no consequence

By | March 9th, 2019|Categories: Transfer of Property Act|

Recalling of Witness—Merely because the case of a party is not covered under Section 138 of Evidence Act, would not be any ground to debar such a party or witness to move an application under Section 311 Cr.P.C Re-examination of Witness—Scope of—Section 138 of Evidence Act can be freely used by the witness or party for re-examination irrespective of the permission of the Court, subject to the scope of reexamination prescribed by this Section Re-examination of Witness—Filling up the lacuna—Application under Section 311 Cr.P.C. cannot be declined by the trial Court even if the same is, allegedly, intended to fill-up the lacuna left in the case of the prosecution

By | March 9th, 2019|Categories: Recalling of witness|

Dishonour of Cheque—Comparison of Writing—There is no embargo for the holder of the cheque to fill up its body, in case, blank cheque is handed-over to him by a person to discharge his liability with instructions to fill it at appropriate time

By | March 9th, 2019|Categories: Cheque Bounce|

Succession Act, 1963, S.63–Will–Proof of Execution-Even if both the attesting witnesses have not been examined or not available, examination of the concerned officials of the Registrar, is the sufficient requirement of law

By | March 9th, 2019|Categories: Will|

Town Improvement—Alteration of Scheme after sanction—In a developed colony land reserved for community centre cannot be utilized for building residential flats and shops to generate funds for Improvement Trust because such alteration is not in public interest.

By | March 8th, 2019|Categories: Punjab Town Improvement Act|

Release of Vehicle—Superdari—NDPS- -Vehicle in dispute is in possession of police from last 2 years—Vehicles may out live its utility on account of its lying part without any use—Vehicle directed to be released on adequate surety bonds

By | March 8th, 2019|Categories: Superdari|

Accident—Insurance—Deceased was son of owner—Deceased had borrowed the vehicle—Fell down while driving due to mechanical defect in vehicle—Personal Accident Cover of owner of vehicle would not cover the borrower of vehicle—Claim petition rightly dismissed

By | March 8th, 2019|Categories: Claim Petition|

Motor Vehicles Act, 1988, S. 166-Accident-Pain and Suffering–Injured was in hospital for 9 days and suffered multiple injuries—Total award of Rs. 25,000/ – is highly inadequate-Additional sum of Rs. 19,000/- awarded

By | March 6th, 2019|Categories: Claim Petition|