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Punjab Law Reporter

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

CPC O. 7 R.11 – Jurisdiction – Party cannot be permitted to approbate and reprobate and to take just a contrary stand than taken before the Revenue Authority and the Civil Court

CPC O. 7 R.11 - Appellant – original plaintiff approached the Revenue Authority/Tehsildar he was nonsuited on the ground that...

Tenancy – NRI – A separate issue is required to be framed and decided as to whether the landlord falls within the purview and ambit of NRI – Remitted to the Rent Controller.

East Punjab Urban Rent Restriction Act, 1949, Section 2(dd), 13-B - A separate issue is required to be framed and...

[SC] HMA S. 13(1)(i-a) – Subsequent conduct during the pendency of judicial proceedings – Continuing acts of the respondent would amount to cruelty even if the same had not arisen as a cause prior to the institution of the petition

Hindu Marriage Act, 1955 S. 13(1)(i-a) – Subsequent conduct during the pendency of judicial proceedings - Continuing acts of the...

[SC] HMA S. 13(1)(i-a) – Consent – There is no necessity of consent by both the parties for exercise of powers under Article 142 of the Constitution of India to dissolve the marriage on the ground of irretrievable breakdown of marriage

Hindu Marriage Act, 1955 S. 13(1)(i-a) – Constitution of India, Article 142 – Divorce – Marital discord –- At no...

HMA S. 13(1)(ia) — Divorce on the ground of cruelty — Non consummation of marriage

Hindu Marriage Act, 1955 Sec. 13(1)(ia) — Divorce on the ground of cruelty — Non consummation of marriage — Appellant-wife...

Guardian and Wards Act, 1890, Section 26 – Relocation – We take serious note of the Father, without notifying or taking the permission of the Civil Judge, leaving its jurisdiction along with the minor – Prima facie this undermines the authority of the court and it may even tantamount to contempt of court

Hindu Minority and Guardianship Act, 1956 (32 of 1956) - Guardian and Wards Act, 1890, Section 26 - Relocation -...

CrPC S. 439 – Bail applications – Victim – It shall be obligatory upon the High Court to provide them a legal aid counsel with adequate experience in criminal law

Central Excise Tariff Act S. 11(A) – Notices in the present cases having been issued more than decade back and the proceedings having not been concluded within reasonable time, the same deserves to be quashed

Central Excise Tariff Act, 1985 (5 of 1986) Section 11(A) - Section 11A(11) of the Act provides that Cental...

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

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

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

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

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.

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.

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

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

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

CrPC S. 125 - Order dismissing the petition under Section 125 on the sole ground that the wife was...

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

Hindu Minority and Guardianship Act, 1956 S. 8 - Guardians and Wards Act, 1890 - Grant of permission to sell...

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Punjab Law Reporter

CPC O. 7 R.11 – Jurisdiction – Party cannot be permitted to approbate and reprobate and to take just a contrary stand than taken before the Revenue Authority and the Civil Court

Tenancy – NRI – A separate issue is required to be framed and decided as to whether the landlord falls within the purview and ambit of NRI – Remitted to the Rent Controller.

[SC] HMA S. 13(1)(i-a) – Subsequent conduct during the pendency of judicial proceedings – Continuing acts of the respondent would amount to cruelty even if the same had not arisen as a cause prior to the institution of the petition

[SC] HMA S. 13(1)(i-a) – Consent – There is no necessity of consent by both the parties for exercise of powers under Article 142 of the Constitution of India to dissolve the marriage on the ground of irretrievable breakdown of marriage

HMA S. 13(1)(ia) — Divorce on the ground of cruelty — Non consummation of marriage

Central Excise Tariff Act S. 11(A) – Notices in the present cases having been issued more than decade back and the proceedings having not been concluded within reasonable time, the same deserves to be quashed

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

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

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

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

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

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