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CrPC, S. 438 – Bail – Anticipatory bail – Interim order – Cooperation

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

Criminal trial – Dying declaration – Fail to understand as to how the same dying declaration could have been made basis for conviction of the appellant when the same was disbelieved insofar as another accused is concerned. [2023 SCeJ 387]

[SC] CrPC S. 167(2) – Whether accused is entitled to seek default bail under provisions of section 167(2) of Code of Criminal Procedure, 1973 on ground that a chargesheet filed without sanction is an incomplete chargesheet which could be termed as not in consonance with sub section (5) of section 173 of the CrPC, 1973?

Municipal Corporation Act, 1976, Section 114-A – Khata – Cancellation of – By commissioner – Communication quashed due to a breach of natural justice. [2021 PLRonline 5205 (Kar.)]

CPA , 1986 – Definition of ‘consumer’ includes ‘consumers’ – Joint complaint by multiple consumers need not be filed in representative capacity – Will include multiple consumers . [2023 SCeJ 345 , 2023 PLRonline 0115 (SC), (2023-3)211 PLR 458 (SC) (SN)]

[SC] Motor Vehicles Act, 1988, Sections 166 and 163A – Death of a housewife in Motor accidents – Assessment of compensation. [PLRonline 311301]

Legal Services Authorities Act, 1987 – Partition Suit  – Even if the petitioners are said to have signed the compromise petition but still the award of the Permanent Lok Adalat has to be quashed in view of the fact that Permanent Lok Adalat can only resolve dispute in relation to public utility services. [PLRonline 459674]

Will – Proof – Photocopy – That being so, the question of comparison of signatures on the said photocopy of the Will with that of the register of the Deed Writer would not arise. [PLRonline 479650]

The LAWS OF MANU – Manusmriti

CPC O. 39 R. 1 and 2  –  Status quo – Vacated  – Bonafide purchaser – Ancestral property – Appellants bona fide purchasers of ancestral property without notice – Late claim and substantial developments, the balance favored Defendants – Plaintiff’s name not in revenue records – Status quo vacated. [PLRonline 452654]

Local Commissioner – Application for appointment – Dismissed – No revision would be maintainable. [PLRonline 481650]

Hindu Law – Family Settlement – Limitation – In the absence of any evidence proving a family settlement, the transfer of the suit property under the said alleged family settlement and the consequent mutation entries – Cannot be sustained . [PLRonline 471650]

Electricity Act, S. 2(5) – Constitution of India, Art. 226  –  Alternative remedy – Available under Ombudsman Regulations, Objection of alternative efficacious remedy is well founded –  However, matter has remained pending in Writ since 2019 till 2022 for final adjudication, it may not be an act of balancing equity at this stage to direct the petitioner to re-agitate his entire grievance before the Consumer Grievances Redressal Forum at this stage. [PLRonline 459650]

Limitation Act Art. 59 – Limitation to set aside an instrument or decree or for cancellation of the same is 03 years counted from the date of knowledge –  Plaint, reveals that it is totally silent as to when the plaintiff-appellant came to know of the said alleged fraud – Dismissed. [PLRonline 476650]

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CrPC, S. 438 – Bail – Grant of anticipatory bail is not an exercise in routine

NDPS Act, Section 37 – Power to grant bail under any of the provisions of Code of Criminal Procedure should necessarily be subject to the conditions mentioned in Section 37 of the NDPS Act, which start with a non-obstante clause.

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CrPC, S. 438 – Bail – Anticipatory bail – Interim order – Cooperation

by Punjab Law Reporter
in Criminal, Punjab & Haryana
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CrPC,  S. 438 – bail – anticipatory bail  –  interim order – Cooperation – Petitioner joined investigation pursuant to interim order – Reference to interim order passed in this petition granting interim bail to the petitioner is of no avail for the reason that the same is just an “interim order” –  An opportunity was provided to the petitioner to join investigation and fully cooperate with the Investigating Agency – State contended that petitioner was non-cooperative and has refused to handover the photographs/videos of his wedding which are necessary in view of the allegations of the co-accused having close relations with the petitioner and some of them having been introduced to each other on the said occasion –  At this stage, a box allegedly containing photo album and videos of the petitioner's marriage were sought to be placed before this Court today – It is to be noted that  in the answers to the questionnaire the petitioner has stated that the said photo album etc. has been misplaced – However today, learned counsel for the petitioner has submitted that the petitioner wishes and desires that the said photographs be placed before the Court or the petitioner is ready and willing to present the same only before the Inspector General of Police or the Director General of Police, Punjab himself and not before the Investigating Officer –  This manner  and conduct of the petitioner lends credence to the assertion of learned counsel for the State that the petitioner has not extended full cooperation to the Investigating Agency.

read HERE 2021 PLRonline 0092

BIKRAM SINGH MAJITHIA V. STATE

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