July 2019

Maintenance–Reduction of Maintenance- Husband a practicing advocate-He is a new entrant and finding qua earning of Rs.25,000/- or Rs.50,000/- as alleged is far fetched-Maintenance pendente lite reduced from Rs. 10,000/- p.m. to Rs.8,000/- p.m.       

By | July 28th, 2019|Categories: Maintenance|

Amendment of Pleadings-Land Acquisition-Application for amendment that compensation was not deposited as required under 1894 Act therefore case would fall within purview of S.24 of Act of 2013-Whether such provisions are actually applicable would be seen during trial-But if the Reference Court ignores the statutory provisions of the new Act, it needed would lead to a fresh round of litigation-Application allowed

By | July 28th, 2019|Categories: Amendment of Plaint|

Civil Procedure Code, 1908, O.l R. 10-Impleadment of Necessary Party–A person who is not a necessary or proper party cannot be permitted to be fastened upon the plaintiff in the absence of any relief against person sought to be impleaded.        

By | July 28th, 2019|Categories: Impleading Party to Suit|

An agreement to sell creates only an equitable right to purchase and does not oper­ate to create or extinguish right under the instrument. Section 1 7 of the Registration Act, that requires compulsorily registration of instrument is, therefore, not attracted.   

By | July 28th, 2019|Categories: Specific Performance|

Therefore, application seeking issuance of interrogatories to the Special Kanungo to prepare an excerpt with regard to the history of ownership of the suit land and the genealogical table to show any connection/’non-connection’ of the petitioner thereto, is allowed

By | July 28th, 2019|Categories: Coparcenery|

Additional Evidence- Rebuttal Evidence-A document was led at the time of evidence in rebuttal by the plaintiffs, and if that document itself is alleged to be the result of a fraud, the petitioner would have the right to try and prove it to be so by whatever additional evidence that he wishes to bring on record-Petitioner allowed to lead additional evidence in form of copies of FIR.

By | July 27th, 2019|Categories: Additional Evidence|

Bail–NDPS– Proclaimed Offender-Recovery of 35 kgs of poppy husk-Petitioner also involved in another case for recovery of non-commercial quantity-Petitioner was declared proclaimed offender-Keeping in view that, petitioner is in custody for last 5 months and 12 days; without commenting on merits, bail granted

By | July 27th, 2019|Categories: Bail - Narcotics|

Appointment of Local Commissioner- Demarcation Report—Encroachment by way of construction—Both the parties are owners of their respective adjoining khasra numbers—Both of them made statement that if found to be encroaching any land they would vacate the same immediately—Trial Court directed to ensure that the revenue official is appointed immediately and the demarcation is carried out within a period of 15 days

By | July 27th, 2019|Categories: Local Commissioner|

Civil Procedure Code, 1908, 0.21 R.29 and 0.9 R.13–Stay on Execution- Warrant of Possession—During pendency of application for setting aside of ex parte decree; execution of proceedings for warrant of possession are liable to be stayed, otherwise it may prejudice petitioners irreparably- Directed accordingly.

By | July 27th, 2019|Categories: Exparte Decree|

Bail—NDPS— Proclaimed Offender-Recovery is of 250 grams of Diphenoxylate and 10 grams of heroin-Investigation was done by Head Constable and not even by police officer of substantive rank of ASI-Petitioner had even been declared a proclaimed offender-Without going into merits of case, bail granted

By | July 27th, 2019|Categories: Bail - Narcotics|

Prevention of Corruption Act, 1988, S.7 and S.13–Bribe–Omission to examine official witness-Shadow witness had died but even official witness was also not examined on the ground that he could not be traced-Explanation is unworthy of credence-It goes against the prosecution-Accused acquitted.

By | July 27th, 2019|Categories: Corruption Cases|

-Murder–Interim Bail-Marriage of Sister- Petitioner is elder son in the family and his father has already expired- -Held; that not only the presence of the petitioner on the date of marriage is necessary but being the brother, certain arrangements are to be made even on the date of marriage even though younger brother is also there-Petition allowed-

By | July 26th, 2019|Categories: Bail|

Murder~Interim Bail-Marriage of Daughter- Trial at stage of recording of statement of prosecution witnesses-Petitioner directed to be released on interim bail to attend marriage of his daughter but while in police custody

By | July 26th, 2019|Categories: Bail|

Agreement to Sell—Intended purchaser before execution and registration of the sale deed is entitled to redeem the mortgage of property from third party and entitled to adjust the payment in balance sale consideration Agreement to Sell—Endorsement or extension of time for execution and registration of the sale deed does not amount to novation of contract even if execution of subsequent agreement was not pleaded in suit and date of first previous agreement is not mentioned in subsequent agreement

By | July 26th, 2019|Categories: Specific Performance|

Agreement to Sell—Proposed purchaser though in possession but failed to prove their readiness and willingness to perform their part of agreement- -Not entitled to protect their possession u/s   53-A of T.P Act

By | July 26th, 2019|Categories: Specific Relief Act|

Murder–Bail–Petitioner is in custody from last about 17 months-Out of total 24 prosecution witnesses, 13 witnesses including the material witnesses havebeen examined-No connecting evidence has come in the statement of witnesses recorded so far-Trial may take time- -Bail granted

By | July 26th, 2019|Categories: Bail|

Attempt to Murder–Bail–Submission that no specific role has been attributed to petitioner and place ©f occurrence is different as mentioned in site plan and FIR—Keeping in view that petitioner is in custody from last 13 months; complainant has been examined and remaining two injured witnesses are not coming forward to record their statements; bail granted

By | July 26th, 2019|Categories: Bail|

Attempt to Murder-Bail—Petitioner is in custody from about last 19 months—All material witnesses have been examined—Application has been filed u/s 319 CrPC which may prolong the trial-Bail granted

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

Murder–Anticipatory Bail-Old Incident- Submission that role of petitioner is identical to acquitted accused- Keeping in view that petitioner is sought to be tried for a murder which was taken place about 7 years ago, bail granted

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

Bail–NDPS- Recovery of cough syrup and psychotropic tablets-Petitioner implicated only on account of disclosure statement of co-accused—No recovery has been made from him-Keeping in view that petitioner is in custody for 1 month and 20 days; without commenting on merits, bail granted

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

NDPS -Head, Constable who appeared as recovery witness and who has also signed recovery memo, as per DDR, he had not gone with Sub-Inspector for patrolling purposes on that day-Accused acquitted.

By | July 24th, 2019|Categories: Acquittal|