Indian Law, Lestest in Law Blogs and Advocate Diary Notifications
“i. A co-owner who is not in possession of any part of the property is not entitled to seek an injunction against another co-owner who has been in exclusive possession of the commonproperty unless any act of the person in possession of the property amounts to ouster, prejudicial or adverse to the interest of co-owner out of possession. ii. Mere making of construction or improvement of, in tRead More…
Permanent & Mandatory Injuction. Deceased property claim case based on Will. Necessary Party shouldbe made a party of the suit. Order 1 Rule 10 read with Section 151 Code of Civil Procedure, 1908. The Court observed that Petitioner intentionally did not implead him as a party in the case and obtained an ex parte injunction against him. Petitioner, through the civil suit in question, isRead More…
Dr. Madhav Vishwanath Dawalbhakta & ors. v. M/s. Bendale Brothers In the above name case, the Bombay High Court accepted the delivery of summon sent through WhatsApp message. It accepted this substituted service of summon. Justice GS Patel remarked that not only the WhatsApp message but also the attached document in PDF format was opened by the recipient, hence the same was deemed to bRead More…
The Supreme Court has observed that a petition filed by a wife under Section 125 of the Code of Criminal Procedure who was earlier granted permanent alimony under Section 25 of the Hindu Marriage Act, cannot be entertained. In this case, the wife’s petition seeking divorce was allowed and the appeal against the same was pending before the High Court. The Court, while allowing the divorce petitRead More…
The Supreme Court has observed that the right to pension is covered under a right to property protected under Article 300A of the Constitution of India and it cannot be taken away by a mere executive fiat or administrative instruction. “The right to receive pension has been held to be a right to property protected under Article 300A of the Constitution ” The issue considered by the Apex CouRead More…
The Supreme Court has observed that the rebuttal of presumption available under Section 139 of Negotiable Instruments Act can only be done after adducing evidence. The bench of Justice Ashok Bhushan and Justice KM Joseph agreed with the High Court view that rebuttal of presumption cannot be looked into at the stage of the Court taking cognizance of the offence. On behalf of the acRead More…
Passport can only be impounded by the concerned Passport Authorities. The Supreme Court has reiterated that the Enforcement Directorate has no right to impound the passport and the same can only be impounded by the Passport Authorities. The Court was considering the appeal filed by the Enforcement Directorate against the Bombay High Court order upholding the order of Special Judge who direcRead More…
Case Name: Sanjeev Kapoor v. Chandana Kapoor & Ors Case Number: Criminal Appeal Nos. 286 of 2020 Application of Section 362 can be relaxed in proceedings under Section 125. The Supreme Court of India has held that a Magistrate who passes an order on settlement between parties under Section 125 of the Code of Criminal Procedure (CrPC) has the power to recall or set aside the Order iRead More…
अनुसूचित जाति, अनुसूचित जनजाति तथा अन्य पिछड़ा वर्ग के आरक्षण से संबंधित सर्वोच्च न्यायालय के नवीनतम फैसले ने अचानक से देश के सियासी पारे को उपर चढ़ा दRead More…
Delay in execution of judgment can’t work in accused’s favour: HC CHANDIGARH: The Punjab and Haryana High Court has made it clear that delay in execution of judgments cannot work in favour of accused-convicts in cases of heinous crimes.SHARE ARTICLE The Punjab and Haryana High Court has made it clear that delay in execution of judgments cannot work in favour of accused-convicts in casesRead More…
NEW DELHI: The Supreme Court Monday upheld the constitutional validity of SC/ST Amendment Act, 2018 saying a court can grant anticipatory bail only in cases where a prima facie case is not made out. A preliminary inquiry is not essential before lodging an FIR under the act nor is the approval of senior police officials, said a bench headed by Justice Arun Mishra. Justice Ravindra Bhat, the otRead More…
Re-examination of a witness u/s311 Crpc-Not to be denied only because case is not covered u/s138 Evidence Act-criteria u/s311 Crpc different than criteria for Sec-138 Evidence Act. HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38052-2013 (O&M) Date of decision: 16.01.2019 Read More…
Determination of age of juvenile – Matric certificate no more enjoys primacy – Court can determine on physical appearance or in case of doubt – on the basis of Matric certificate or school certificate. High Court of Punjab and Haryana decided as case on 20/02/2019
Read More…