Warrant of arrest-During investigation-not to be issued in routine-Appl. by police only saying-accused evading arrest-not sufficient-Warrants to be-only for removing legal hurdles,if any No declaring PO at the stage of investigation.
CRM-M-30633 of 2019
Trial u/S 138 NI Act-Signatures on cheque not disputed-Cheque to be taken as validly drawn-The fact that the body of the cheque was not filled up by accused himself-is no defence in itself.
Section 156(3)CrPC-Magistrate not required to record explicit reasons for ordering registration of FIR and investigation- No Revision lies against such order -Except in a case where Magistrate not competent to take cognizance
CWP No 24614 of 2016
Promotion to IAS -- Judicial Review -- of selection proceedings not excluded. Categorization of officer by Selection Committee has to be objective -- to be supported by relevant material on record.
"Name of Sunam Town changed to Sunam Udham Singh Wala. Railway Station henceforth would be known as "Sunam Udham Singh Wala Railway Station" in view of supreme sacrifice of Shaheed Udham Singh - directs High Court."
CRM-M 31881 of 2015
"Fastway Case - Petitioner levels allegations in affidavit of harassment by police at the behest of private respondents. Reply of the State sought by the H.C. "
CRM M-5108 of 2016
Baggu Khan's case. Alleges false implication by police in a case under NDPS Act as the SHO was bribed. Investigation handed-over to CBI with liberty to take action against guilty officials, if any.
"Dr. Deepak A.N., Senior Resident, Department of Neuro Surgery, P.G.I., Chandigarh and Dr. Karamjit Singh, Medico Legal Expert, Rajindra Hospital. Patiala Summoned by the Punjab and Haryana High Court for Clarification in which accused are seeking bail in a case of attempt to murder."
CRM-M-36693 of 2019
Companies Act-Investigation of a person outside the company-separate approval from Govt.-not required by I.O. of SFIO-conditions under section 212(6)not mandatory-But no automatic bail under section 88 Cr.P.C.
SEC-143A NIACT - Not applicable to pending trials - Trial Court - not to order 20% as interim compensation. SEC-148 NIACT - Applicable to pending appeals - Appellate Court can order deposit of 20% or more amount.
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.
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.
CRM-M-37435 of 2018
Electronic record or computer output-cannot be led in evidence unless certificate, as required by Section 65-B of Evidence Act is filed-No distinction of 'Primary' or 'Secondary' evidence for requirement of the certificate.
CRM-M 17300 of 2017
Compounding of offence u/s 138 of Negotiable Instruments Act, 1881 Not permissible except with the consent of the complainant.
In a mixture/solution of neutral or Non-psychotropic substance and the narcotic/psychotropic substance-quantity of only Narcotic/psychotropic substance is to be counted for commercial quantity-neutral/other-not to be counted
CRM-M-30643 of 2018
Conditions as mentioned in Section 37(1)(b)(ii) of NDPS Act -Discriminatory, irrational, unreasonable and unjust - cannot be insisted upon by the State to defeat the right of bail to an accused.
CRM 31873 2018
Merely because complaint u/s138 NIA is filed--is no ground to quash the separate FIR u/s420/406 IPC. Offences u/s138 NIA and u/s 420/406 IPC not mutually exclusive. Both can go on side-be-side. No double jeopardy.
CWP No 26 of 2018
No Confidence Motion - against President of Municipal Committe - Secret ballot voting not required - Motion carried if passed by voting by show of hands
RSA 2879 of 2009
Jurisdiction of Civil Court - under Section 50 of HUDA Act - Not barred against the orders of appellate authorities of HUDA
FAO No. 4287 of 2005
Accident claim --- Act Policy -- Passengers in Private Passenger Car and Pillion Rider on Motor Cycle included --- entitled to compensation from Insurance Company. Concept of Gratuitous Passengers -- does not survive under Ne
FAO No.3878 of 2015
Accident claim -- claimants getting benefits under ESI Act claim under Section 166 of the Motor Vehicels Act --Not barred by Section 53 of ESI Act --- Section 53 of ESI Act bars only receiving similar compensation or benefits
Suit for permanent injunction - based on claim under Section 53-A of Transfer of Property- Maintainable.
Accident claim -- Future Prospects -- notional income --- is the established income for grant and calculation of Compensation on account of future prospects.
FAO-152 of 2017
Accident claim -vehicle registered and insured in India - Accident in Nepal-Insurance Company liable to pay compensation - No extra premium can be charged for third party insurance even for extra territorial coverage.
Accused fled from the spot - identification not established - independent witness given up - accused/appellant acquitted
Unilateral Cancellation of Agreement to Sell - No required to be challenged separately to maintain suit for specific performance. It is not even a valid defence in a suit for specific performance
RSA- 351- 2016
Suit in the name of assumed business name of proprietary concern -- maintainable
Jurisdiction of Civil Court - not barred - in case of theft is alleged - and still demand is made by the Electricity Department.
Maintainability of counter claim against co-defendant
Wrong Answer Key". The original paper setter cannot be completely dissociated from any process and has a duty to respond to the objections and that response must also be forwarded to the independent experts.
High Court restricts the Central Agencies from disrupting supply of electricity to State of Punjab in the wake of crisis emerging from conviction of Dera Sacha Sauda Head.