March 2020

Agreement to Sell—Specific Performance—It is not necessary for a plaintiff to ask for any declaration of cancellation of a sale deed qua subsequent buyer in a suit for specific performance against seller

By | March 10th, 2020|Categories: Specific Performance|

Suit for Recovery—Pronote—No evidence for passing of consideration-­Admission of signatures by defendant and attesting witness on the pronote and receipt are insufficient—Suit dismissed

By | March 10th, 2020|Categories: Evidence - Civil|

Accident—Attendant Charges—Multiple Fractures—Appellant is unable to walk during his life span and cannot do any work without help of attendant–Rs.10 lakhs awarded towards attendant charges Accident—Eye-witness—Credence has to be given to his testimony over and above the testimony of the driver of the offending vehicle and passengers therein. Accident—Medical Expenses—In times of medical emergency the injured does not have the presence of mind to retain all the bills—Amount enhanced

By | March 10th, 2020|Categories: Claim Petition|

Ancestral Property—Last male holder of the Jat agriculturist tribe of Rohtak and Jhajjar districts had an unrestricted right to alienate even his ancestral land except for an immoral purpose

By | March 9th, 2020|Categories: Ancestral Property|

HELD It appears to us that the absence of a comma is a mistake and in fact according to us, a comma should be read after ‘shamilat’ and before ‘taraf’ in the latter part of the section also – Word ‘shamilat’ has to be read with all four­ ‘taraf’, ‘patti’, ‘panna’ and ‘thola’ – A land can be ‘shamilat deh’ only if it is ‘shamilat taraf’, ‘shamilat patti’, ‘shamilat panna’, or ‘shamilat thola’. In case the word shamilat is missing from any of these four terms, then the land cannot be said to be belonging to a group of people and could never become ‘shamilat deh’ land HELD This Court allow the appeal and set aside the judgment of the High Court dated 03.07.2008 and the orders of all the authorities below – Name of the appellant be entered in the column of ownership with the entry ‘shamlat patti’.

By | March 8th, 2020|Categories: Shamilat Deh|

IMP ::: Plea Of Acquisition Of Title By Adverse Possession Can Be Taken By A Plaintiff, Reiterates SC ……held that plea of acquisition of title by adverse possession can be taken by the plaintiff……….

By | March 4th, 2020|Categories: Uncategorized|

Vehicle Owner’s Insurance Claim Cannot Be Repudiated Merely Because Driver Was Possessing Fake Licence: SC HELD “If the driver produces a licence which on the face of it looks genuine, the employer is not expected to further investigate into the authenticity of the licence unless there is cause to believe otherwise. “

By | March 4th, 2020|Categories: Driving License|

Anticipatory Bail—Death by Hanging—Cause of death, as per post-mortem report, is ante-mortem by hanging, which could rule out the possibility of homicidal death due to strangulation—Anticipatory bail granted

By | March 1st, 2020|Categories: Anticipatory Bail|