Punjab & Haryana High Court Calender 2024
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suit for permanent injunction-Plaintiff is out of Possession
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
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…
Juvenile Accused Can’t Be Tried As Adult
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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Transfer of Property Through Will
Rules governing transfer of property through Will Making a Will helps ensure one’s property devolves as wished and the right heirs receive their fair shares. Under the Indian Succession Act 1925, a Will is a legal declaration of the intention of the testator, with respect to his property which he desires to be carried into effect after his death.After the death of a person, his property devolvRead More…
Tenant cannot be deprived of Basic Amenities
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…
Marriage Cannot be Dissolved by Way of a Compromise
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…
Court Decision_Civil_SC_Jan 2022-15March 2024-Lawblogs
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…
Court Decision_Criminal_SC_Jan 2022-15March 2024
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…
Punjab & Haryana High Court Decision (Civil) Nov., 23 to Feb., 2024
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…
Punjab & Haryana High Court Decision (Criminal) Nov., 23 to Feb., 2024
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…