Indian Law, Lestest in Law Blogs and Advocate Diary Notifications
Civil – PbHr Civil Trial–General principles as to when a mere suit for permanent injunction shall lie and when it is necessary to file a suit for declaration and/or possession with injunction as a consequential relief :- (A) Where a cloud is raised over plaintiff’s title and he does not have possession, a suit for declaration and possession, with or without a consequential injunction, is thRead More…
Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court The Supreme Court (on March 18) observed that recording only the examination in chief of witnesses without recording their cross-examination is contrary to the law. To strengthen this, the Court also referred to Section 138 of the Indian Evidence Act of 1872, which outlines the examinaRead More…
JJ Act | Juvenile Accused Can’t Be Tried As Adult In Absence Of Preliminary Assessment & Report By JJB : Supreme Court Recently, the Supreme Court held that the conviction of the accused child who was a ‘child in conflict with law’ cannot be sustained unless the preliminary assessment to ascertain the physical and mental capacity of the child to commit the crime and the need to try the chRead More…
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Allahabad High Court: In a writ petition praying to resume electricity connection to the premises in occupation by the tenants who are in an occupancy dispute with the landlord, the Division Bench, Saumitra Dayal Singh and Manjive Shukla, JJ. has held that legal and authorized ‘occupier’ of the premises including tenant cannot be deprived of basic amenities like electricity connection. However, itRead More…
In a recent legal ruling, the Allahabad High Court addressed a contentious dispute over family pension entitlement following the demise of a government employee. The court, comprising Justice Ashtvani Kumar Mishra and Justice Syed Qamar Hasan Rizvi, meticulously examined the intricacies of the case to deliver a verdict. The dispute stemmed from the claim made by Rajni Rani, asserting her entitleRead More…
Civil – Supreme Court Rent Law–Bona fide requirement–There is no bar for someone who is pursuing higher studies, to start a business. (2) Eviction petition filed on two grounds (1) wilful default in payment of rent (2) personal bonafide necessity of premises for own use of landlord–High Court found that landlord was carrying on business and he had children, for whom he wanted to set up a businRead More…
Criminal – Supreme Court DNA–Section 45/112 Indian Evidence Act– Direction to conduct DNA Test–Dismissal of Application–Merely because something is permissible under Law, cannot be directed as a matter of course–DNA test can violate right of privacy, thus cannot be conducted mechanically. (2) F.I.R u/s 498A/323/354/506 IPC– Allegations of dowry demand and harassment- Complainant filed appliRead More…
Civil – PbHr Crop Insurance–Compensation– Kisan Credit Card Loan Facility– Case of complainant that crops of millet and cotton destroyed due to inadequate rainfall–Held, no document on file to prove any specific killa number in which crops were sown by applicant and same were allegedly destroyed–Applicant failed to produce any document regarding destruction/damage of his ¼ share of 182 kanaRead More…
Criminal – PbHr Cancellation of Bail–Habitual Offender–FIR under Section 18 NDPS Act–Firstly, accused misrepresented and concealed factum of his involvement in another case under NDPS Act wherein also a huge recovery of 91 kgs of opium was effected– Secondly, he misused concession of bail granted to him, as he has yet again been involved as an accused in a case under NDPS Act in State of PunjRead More…
Transfer of Property Act–Section 58 (c)–Mortgage by conditional sale–A transaction shall not be deemed to be a mortgage unless condition for reconveyance is contained in document which purports to effect the sale. — Distinction between mortgage by conditional sale and a sale with a condition of repurchase–In a mortgage, debt subsists and a right to redeem remains with debtor, but a sale with Read More…
Agreement to Sell–Agricultural Land–Khasra, Khewat and Khatauni numbers not mentioned in agreement–Plea of defendant that agreement to sell is a fake document, as identity of land not established–Held, property can be identified either by its boundaries or by any other specific description–Even in absence of any site plan, identity of property stands fully established on basis of its boundariRead More…
MACT–Sec.163A–Amendment in petition to reduce income of deceased from Rs.4000 per month to Rs.3000 per month–Application for amendment allowed. — Motor Vehicles Act–Section 163-A–While filing petition, claimants claimed that deceased was earning more than Rs.4,000 per month–During pendency of petition, upon realizing that petition u/s 163-A M.V Act is maintainable only for persons who are hRead More…
Rent Law–Personal Necessity–A landlord who is already running a business with his father, cannot be denied eviction of tenanted premises on ground that his intent to set up his own separate business is not bonafide. — East Punjab Urban Rent Restriction Act–Section 13(5)–Plea of tenant that landlord is having well established business in adjoining premises which he is running alongwith his fatRead More…
Dishonour of Cheque–Sections 138, 148 N.I Act–Appeal against conviction–Suspension of Sentence–Deposit of minimum 20% of compensation amount awarded by trial Court is not an absolute rule–In exceptional cases, suspension of sentence can be granted without imposing condition of deposit of 20% of fine/compensation amount. — Section 389 CrPC–Normally while accused applies for suspension of senRead More…