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Today's Update

Hindu Minority and Guardianship Act S. 6(a) – Preserves the right of the father to be the guardian of the property of the minor child but not the guardian of his person whilst the child is less than five years old

by Punjab Law Reporter

Hindu Minority and Guardianship Act, 1956 (32 of 1956) Section 6(a) - Act postulates that the custody of an infant...

Revisional jurisdiction of the High Court,- Where two courts have returned concurrent findings of fact, has observed that the High Court would normally not interfere in concurrent findings of fact until and unless it is shown that there is gross misreading of evidence or ignoring of material evidence on record which renders the finding of the courts below to be perverse.

Revisional jurisdiction of the High Court,- Where two courts have returned concurrent findings of fact, has observed that the High...

Bail – Judicial custody – During the entire period of investigations which appear to have been spread over seven months, the appellant was not arrested by the investigating officer – Court ought to have judiciously exercised discretion and granted bail to the appellant

by Punjab Law Reporter

Bail – Judicial custody - Grant of - During the entire period of investigations which appear to have been spread...

Hindu Minority and Guardianship Act S. 6 – It immediately provides that the custody of a minor who has not completed the age of 5 years shall ordinarily be with the mother – A proviso is in the nature of an exception to what has earlier been generally prescribed – The use of the word “ordinarily” cannot be overemphasised. It ordains a presumption, albeit a rebuttable one, in favour of the mother

by Punjab Law Reporter

Hindu Minority and Guardianship Act, 1956 (32 of 1956) Section 6 - Is of seminal importance - It reiterates Section...

CPC O. 41 R. 27 – When specific allegations have been made by the plaintiff in respect of document being fraudulent, then the burden shifts upon defendant No.1/propounder of the document to prove the same to be genuine, because it is a settled principle of law that the person, who claims some right on the basis of document, is required to positively prove the same.

by Punjab Law Reporter

CPC O. 41 R. 27 - When specific allegations have been made by the plaintiff in respect of document being...

Criminal jurisprudence – A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty – Grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception – Bail.

by Punjab Law Reporter

Criminal jurisprudence “A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed...

IPC S. 174-A – NIA S. 138 – Summons not served – PO proceedings quashed

by Punjab Law Reporter

Indian Penal Code, 1860 (XLV of 1860) Section 174-A - Petitioners had, in fact, not received the summons qua the...

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CrPC S. 125 – Order dismissing the petition under Section 125 on the sole ground that the wife was a working lady and had income from properties, as such, she may be able to maintain herself out of the said income – Set aside

by Punjab Law Reporter

CrPC S. 125 - Order dismissing the petition under Section 125 on the sole ground that the wife was a working lady and had...

What you missed

Motor Vehicles Act

MVA S. 163-A – Dependency has no relevance in an application filed under Section 163 A of Act, 1988.

Advocates: Deepa George; Advocate , Mathews K. Philip, Adv. Manasy T., Latha Susan Cherian, Amicus Curiae Motor Vehicles Act,...

by Punjab Law Reporter

CrPC S. 439 – Bail – Consideration – Court while deciding an application for bail, should refrain from evaluating or undertaking a detailed assessment of evidence, as the same is not a relevant consideration at the threshold stage

CrPC S. 439 – Bail – Consideration - Court while deciding an application for bail, should refrain from evaluating or...

by Punjab Law Reporter

CrPC S. 439 – High Court or the Sessions Court must grant bail after the application of a judicial mind, following well-established principles, and not in a cryptic or mechanical manner

CrPC S. 439 - Power to grant bail under Section 439 of Cr.P.C., is one of wide amplitude - A...

by Punjab Law Reporter

CrPC S. 439 – Whether a ‘victim’ as defined under Section 2(wa) of the CrPC is entitled to be heard at the stage of adjudication of bail application of an accused? Yes

CrPC S. 2(wa), 439 - Whether a ‘victim’ as defined under Section 2(wa) of the CrPC is entitled to be...

by Punjab Law Reporter

Latest

HMG S. 8 – Permission to sell immovable properties – Share of the minors in the two properties is quite negligible and agreement to sell have already been entered into and land of the minors would be sold along with the share of the appellant in the said land

by Punjab Law Reporter

Baidnath Mahto v. Jadu Mahto @ Jadunandan Mahato , 2004 PLRonline 90001 (Jhar.)

by Punjab Law Reporter

M. Venkata Mani Kanthu v. Unknown , 2005 PLRonline 0005 (Andh.)

by Punjab Law Reporter

Constitution of India, Article 226 – No such principle of law that a High Court, in exercise of its jurisdiction under Art.226 of the Constitution of India cannot decide disputed questions of fact.

CrPC S. 436, 436A – Bail – Grant or denial of – Conditions to be considered

Insurance – Exclusion clause – War clause – Opposite Party did not file any evidence to substantiate the allegation that the Complainant was aware of the fact that civil war in Yemen had begun at time of shipment – Claim payable.

CPC O. 8 R. 1 – Provisions though directory Court needs to exercise due circumspection if there is an attempt to engage in dilatory tactics.

Minakshi Gaur v. Chitranjan Gaur , 2008 PLRonline 0103

Education – Admission granted under interim orders – Course completed – Writ dismissed – High court had no powers to grant relied – SC under Art. 142 declared petitioner had successfully completed course.

COI Art. 21 – Right to health is an integral part of the right to life under Article 21 of the Constitution – Without health, the faculties of living have little meaning and Court would be justified in taking recourse to the coercive arm of law

Negotiable Instruments

NIA S. 138 – Object & Purpose

August 10, 2021

“Best-evidence rule”

NIA S. 138 – Object of

November 7, 2021

NIA S. 138 – Compoundable

November 7, 2021

Criminal

Criminal

Natural justice – no one can complain of not being given an opportunity to make representations if such an opportunity would have availed him nothing.

Evidence Act, S. 113-B

IPC, S. 304-B. Evidence Act , Section 113-B - The prosecution must at first establish the existence of the necessary...

Ad Hoc employees termination – Replacement with other Ad Hoc employees

CrPC, 482 – Dismissal of an earlier S. 482 petition does not bar filing of subsequent petition.

CPA – Subsequent purchaser – Builder – Non delivery of flat – Is a consumer

Nonobstante clause – Statutory Interpretation

October 4, 2021

COI Art. 227 – Revision – Scope of interference is limited.

CrPC S. 167(2) and the Fundamental Right to Life and Personal Liberty

Constitution

Constitution of India

Constitution of India

Right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution of India

November 19, 2021

Right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21...

COI Art. 227 – Revision – Scope of interference is limited.

Voice sample – Recording of –

December 12, 2021

COI Art. 226 – Custody of child – Child repeatedly stated that he wanted to stay with his mother and not with his father

COI Art. 226 – Custody of child – Child repeatedly stated that he wanted to stay with his mother and not with his father

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

Tender – Interference in the decision making process

January 14, 2022

Last Week's Updates

HMA S.13-B(2) – Stipulation of six months’ period indicated in Sub-section (2) of Section 13-B of the Act dispensed with .

by Punjab Law Reporter

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Ad hoc employee – An ad hoc employee cannot be replaced by another ad hoc employee and he can be replaced only by another candidate who is regularly appointed by following a regular procedure prescribed.

by Punjab Law Reporter

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CrPC S. 82 – Proclaimed Offender – On appearance, the concerned court shall release the petitioner on bail on the same day

by Punjab Law Reporter

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CPC S. 47 – Limitation – Application that period spent by him in prosecuting application for review be deducted for the period of calculating limitation should be deducted is not acceptable

Mesne Profits – Are to be considered on the basis of evidence led before the Court

Photo by Alexander Ant on Pexels.com

by Punjab Law Reporter

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Sarfaesi S. 14 – It is not open to the secured creditor to directly take physical possession of the property by dispensing with the requirement of obtaining the orders by the District Magistrate – Auction – Valuation – Sale set aside.

Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

by Punjab Law Reporter

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Contractual employee – Termination of service before the expiry of their contract period, the remedy in that regard is to claim damages and not to ask for being allowed to do work

by Punjab Law Reporter

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Security Interest (Enforcement) Rules 2002 Rule 19(1) – E-auction – Personal service of the e-auction notice on loanee – Rule mandatory.

by Punjab Law Reporter

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NPA – Supreme Court order in (Small Scale Industrial Manufactures Association v. Union of India (UOI) & Ors., (Writ Petition No.476/2020 , decided vide order dated 23.03.2021) – Bank’s contention that in Section 13(2) notice issued on 27.04.2021 for the first time, the loan account was declared as NPA on 30.11.2020 but such a declaration has not been issued during the subsistence of the order of the Supreme Court – There is no violation of the order of the Supreme Court.

Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

by Punjab Law Reporter

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Service Law – Appointment – Educational qualification – Judicial review can neither expand the ambit of the prescribed qualifications nor decide the equivalence of the prescribed qualifications with any other given qualification Equivalence of qualification is a matter for the State, as recruiting authority, to determine

Appointment – Vacancy of seat in one reserved category and transfer to another

pieces of paper with words

Auction – Interim stay by High Court – Confirmation of sale after 5 years – Corporation failed in its duty in not taking into account the lapse of five years from the date of auction while handing over the possession of the property to the Auction Purchaser – The value of the property has undoubtedly increased during the said period – Auction Purchaser liable to pay interest at the rate of 12% per annum on bid amount for the period from 2013 to 2018.

Contract – Court is expected to gather the intent of the parties which they had while entering into the contract from the reading of the complete contract.

Limitation Act, 1963

Limitation – Once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it.

Negotiable Instruments Act

NIA S. 138 – CrPC S. 482 – – Burden of proving that there is no existing debt or liability, is to be discharged in the trial – When there is legal presumption, it would not be judicious for the quashing Court to carry out a detailed enquiry on the facts alleged, without first permitting the trial Court to evaluate the evidence of the parties

CrPC S. 482 – Court should be slow to grant the relief of quashing a complaint at a pre-trial stage, when the factual controversy is in the realm of possibility particularly because of the legal presumption – NIA S. 138

CrPC S. 482 – In exercise of its jurisdiction under Section 482 CrPC, must make a just and rightful choice

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

Parole and Furlough

Hindu Minority and Guardianship Act S. 6(a) – Preserves the right of the father to be the guardian of the property of the minor child but not the guardian of his person whilst the child is less than five years old

by Punjab Law Reporter

Hindu Minority and Guardianship Act, 1956 (32 of 1956) Section 6(a) - Act postulates that the custody of an infant...

Revisional jurisdiction of the High Court,- Where two courts have returned concurrent findings of fact, has observed that the High Court would normally not interfere in concurrent findings of fact until and unless it is shown that there is gross misreading of evidence or ignoring of material evidence on record which renders the finding of the courts below to be perverse.

Revisional jurisdiction of the High Court,- Where two courts have returned concurrent findings of fact, has observed that the High...

Bail – Judicial custody – During the entire period of investigations which appear to have been spread over seven months, the appellant was not arrested by the investigating officer – Court ought to have judiciously exercised discretion and granted bail to the appellant

by Punjab Law Reporter

Bail – Judicial custody - Grant of - During the entire period of investigations which appear to have been spread...

Hindu Minority and Guardianship Act S. 6 – It immediately provides that the custody of a minor who has not completed the age of 5 years shall ordinarily be with the mother – A proviso is in the nature of an exception to what has earlier been generally prescribed – The use of the word “ordinarily” cannot be overemphasised. It ordains a presumption, albeit a rebuttable one, in favour of the mother

by Punjab Law Reporter

Hindu Minority and Guardianship Act, 1956 (32 of 1956) Section 6 - Is of seminal importance - It reiterates Section...

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