Thursday, 31 January 2019
Bail—Commercial Quantity— NDPS—Recovery of 265 grains of heroin which is marginally above the commercial quantity of 250 grams—Petitioner is in custody for more than one year and not even a single prosecution witness has been examined so for— No other case under NDPS Act pending against petitioner—Trial to take time—Bail granted
Monday, 28 January 2019
(i) Plaintiff had applied for a loan just two months prior to execution of agreement to sell; However, area mentioned in loan application and agreement to sell is different; (ii) Cheque through with allegedly earnest money was paid was never got encashed and said cheque was produced in the Court. (iii) Property which is sought to be sold renders rest of portion useless-Contention of defendant upheld—Relief of specific performance declined
Saturday, 26 January 2019
Will—Death of beneficiary—On the death of legatee (beneficiary) under a Will before the death of the testator, the bequest would lapse, unless from reading the testament contradictory intention is provided for Will—Proof of Execution—A registered testament thumb marked by the testator and the attesting witnesses in absence of attesting witnesses can be proved
Transfer Deed—A small error/mistake in the annexure attached to the registered transfer deed which has no effect on the transfer would not result in invalidating the transfer deed itself Admission—If an admission in oral evidence is capable of two interpretations then an interpretation favorable to the person making it should be taken as his admission
Accident—Medical Expenses—Amount received as a reimbursement on account of personal mediclaim policy towards the medical expenses including hospitalization charges, shall be liable to be adjusted Accident—Disability—Functional disability would always depend on the nature of work injured was capable of carrying
Hindu Marriage Act, 1955, S.24—Maintenance—Income of Husband—As per income tax return of husband his gross income during 2009-2010 was Rs. 5,32,991/- —No material on record to establish that income of husband has deteriorated-Held; husband would not be earning less than sum of Rs.l lakh, even if income has been decreased after 2010-2011-Sum of Rs.20,000/- per month awarded as maintenance pendent lite.
Friday, 25 January 2019
Motor Vehicles Act, 1988, S.166-Accident-License-Fake License-Held; no evidence has come on record that the alleged driving licence issued by Licensing Authority, Dimapur, (Nagaland) was issued in accordance with Section 9 of the Act. (ii) Initially driver of offending vehicle had produced another driving licence which has been found to be fake. (iii) Driver of offending vehicle held not to have valid license at the time of accident.
Eviction—Personal Necessity—Merely because the children for whom the business was pleaded to be started were not examined, cannot be fatal to the case of the landlords. Eviction—Personal Necessity—Joint property—All the landlords need not to be examined in order to prove bonafide personal necessity on their part.
Thursday, 24 January 2019
Civil Procedure Code, 1908, S. 151-Additional Evidence-Petitioner was in knowledge of the documents, which she now seeks to produce as additional evidence, even before the filing of the suit—Nothing precluded her to confront the respondents' witnesses with these documents at the time the respondents were leading their evidence
Recalling of Witness—For cross- examination—Counsel for petitioner did not took proper care by closing evidence of plaintiff in the mistaken belief that cross-examination of PWs had been conducted—Held; In case one opportunity is not granted to the petitioner to make available his PWs for cross-examination, the same would have serious consequences for the petitioner—One effective opportunity granted subject to costs.
Wednesday, 23 January 2019
Monday, 21 January 2019
Civil Procedure Code, 1908, O.13 R.4-Endorsement of Document-Order 13 Rule 4 CPC only provides for a procedure for endorsement of the documents by the Presiding Judge, admitted in evidence-It is nowhere provided that if the Presiding Judge fails to endorse the document, the document cannot be read as part of the record.
Sunday, 20 January 2019
Forged documents—If the documents were forged before producing them in the Court, the Court has jurisdiction to direct initiation of the proceedings under Section 340 ofCrPC Forged documents - Initiation of Proceedings-First Appellate Court is not debarred from directing initiation of the proceedings under Section 340 of the Criminal Procedure Code if at one stage the trial Court while hearing the suit had refused to initiate the proceedings and such order on challenge has been upheld by the Revisional Court
Accident~Income~Deceased aged 36 years was working as truck driver—Supreme Court and High Court in various judgments had assessed the income of car/truck driver at Rs.6,000/-, 6,500/- and Rs.7,500/- per month respectively for the years 2004, 2008 and 2009~In present case, accident took place in 2010-Accordingly, income of deceased assessed as Rs.8,000/- per month.
Saturday, 19 January 2019
Punjab Land Revenue Rules, 1909, R.15--Lambardar--Appointment of~Age of candidate—Once the Collector after due consideration of merits came to the conclusion that private respondent was more suitable candidate than the petitioner, there is no ground to interfere with the impugned order in the absence of any perversity-Petition dismissed
Maintenance—The first and foremost duty of the husband is to maintain the wife and the child—He may beg, borrow or steal Maintenance—Sentence for non-payment—Court can award sentence up to a maximum of one month for each month of default in payment. Maintenance—Sentence for non-payment—On undergoing imprisonment in default of maintenance, liability to pay will not wipe out, which shall subsist till the payment is made.
Juvenile Justice (Care and Protection of Children) Act, 2015, S.60--Adoption of Child—Inter-Country Adoption—There is no provision in 2015 Act, which would empower the Court to impose a condition requiring the adoptive parents to bring the child to India meet the biological father and grandfather till she attains the age of majority.
Saturday, 5 January 2019
Accident—Income—Deceased was a labourer having family of 7 members—Wife on oath stated her husband was earning Rs.2500/- per month-Minimum wages payable at relevant time was Rs.2116/ – per month—Keeping in view that credibility of statement of claimant has not be demolished and deceased was supporting a large family, income of deceased taken as Rs.2500/- per month.
Wednesday, 2 January 2019
Civil Procedure Code, 1908, S. 151—Consolidation of Suit—Purpose of consolidating suits was to save time of the Court as well as parties—But where evidence had almost been concluded by the parties in the suits, no purpose would be served by consolidating the suits—Application held to be rightly dismissed.
East Punjab Urban Rent Restriction Act, 1949, S.13—Eviction—Bonafide Need—At some places, the landlord is asking for bonafide requirement of both the sons, whereas in some part of the evidence he is pleading requirement of only one son—Held; it cannot be held that bonafide requirement is not proved.
East Punjab Urban Rent Restriction Act, 1949, S.13--Eviction--Change in Stand--Expansion of Hospital—In the original petition, requirement was for construction of hall and canteen for indoor patients, whereas in the replication, it has been pleaded that it is required for outdoor patients—In evidence landlord has specifically pleaded the need for indoor and outdoor patients—Therefore, it cannot be held that landlord is changing its stand-Eviction directed
Tuesday, 1 January 2019
Accident--Special Diet-Disability @75%« Appellant remained under treatment for 6 months—A sum of Rs.2,000/- per month awarded for expenses for special diet. Transportation Charges- Disability @75%-Appellant contended that he had gone from his native village to hospital in city for 5 times by spending about Rs.1000/- per trip-- Consolidated amount of Rs.10,000/- awarded
Succession Act, 1963, S.63~Will~Attesting Witness-Attesting Witnesses are required to put their signatures on the Will only after the executants of the will had affixed his signatures on the same--In present case, admittedly executant had put his thumb impression after the signatures were put by attesting witnesses—Will held to be not duly executed-Will discarded
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