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Law Herald (SC and P&H)

Law Herald (SC and P&H)

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Case Law of SC and P&H High Court

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Supreme Court Cheating -- Bonafide Purchaser -- Sale deed executed by seller on basis of fabricated Will in his favour -- Subsequent buyer neither involved nor aware of forgery, cannot be held liable -- FIR quashed Full Text Judgment (LHSC Part No. 15-16) https://lawheraldonline.in/private/casedetail?id=888475

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Supreme Court Dishonour of Cheque -- Offence by Company -- Merely because a Director has signed a Board resolution of company it cannot be held that the said director is involved in the day to day affairs of the Company Full Text Judgment (LHSC Part No. 15-16) https://lawheraldonline.in/private/casedetail?id=888457

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Punjab & Haryana High Court Rape -- False Promise of Marriage -- Prosecutrix admitted that she had gone to sugarcane fields with accused several times and she wanted to marry the accused -- Acquittal Full Text Judgment (LHPH Part No. 15-16) https://lawheraldonline.in/private/casedetail?id=888361

Supreme Court Blacklisting of Company -- Show Cause Notice -- Notice for termination of contract cannot be assumed or treated as notice for blacklisting of contractor Full Text Judgment (LHSC Part No. 15-16) https://lawheraldonline.in/private/casedetail?id=888453

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Punjab & Haryana High Court Outraging Modesty -- Cross Case -- Present FIR lodged after 7 months of incident -- In earlier FIR out of same incident the prosecutrix was an accused therein -- Prosecutrix had not stated her version at that time of earlier FIR -- Present FIR quashed being an afterthought Full Text Judgment (LHPH Part No. 15-16) https://lawheraldonline.in/private/casedetail?id=888360

Supreme Court Anticipatory Bail -- Rape -- Sexual Harassment -- Accused had earlier filed complaint for extortion against complainant and her husband in a Honey Trap attempt -- Present complaint appears to be a counterblast -- Anticipatory bail granted Full Text Judgment (LHSC Part No. 15-16) https://lawheraldonline.in/private/casedetail?id=888452

Punjab & Haryana High Court Village Common Land -- Inclusion in Municipal Limits -- Once the sabha area of a Gram Panchayat has been included within the municipal limits, thereafter it is no longer amenable or subject to the statutory control by the provisions of the 1961 Act Full Text Judgment (LHPH Part No. 15-16) https://lawheraldonline.in/private/casedetail?id=888359

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Punjab & Haryana High Court Ancestral Property -- Inheritance -- A mere assertion that the property was inherited from the father is not sufficient to establish its ancestral character Full Text Judgment (LHPH Part No. 13-14) https://lawheraldonline.in/private/casedetail?id=888268

Supreme Court Murder -- Examination of Accused -- Incriminating circumstances that were relied upon for conviction were not put to the accused in his examination under S.313 CrPC -- Acquittal Full Text Judgment (LHSC Part No. 13-14) https://lawheraldonline.in/private/casedetail?id=888391

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Punjab & Haryana High Court Maintenance to Wife -- Suppression of Material Fact -- Wife did not disclose the fact of having already received an amount from father  in-law and her husband -- Petition under S.125 CrPC dismissed Maintenance to Wife -- Waiving of Right by Agreement -- Statutory right under S.125 CrPC cannot be waived away by a mutual agreement -- Thus, agreement between husband and wife for not claiming maintenance has no value Full Text Judgment (LHPH Part No. 13-14) https://lawheraldonline.in/private/casedetail?id=888257

Supreme Court Reduction in Sentence -- Compensation to Victim -- Compensation cannot be substitute of sentence -- Reduction in Sentence on enhancement in fine and payment of compensation -- This is a dangerous trend and need to be deprecated  Reduction in Sentence -- Attempt to Murder -- Sentence of 3 years reduced to already undergone of 2 months with enhancement in fine and payment of compensation -- Order set aside Full Text Judgment (LHSC Part No. 13-14) https://lawheraldonline.in/private/casedetail?id=888383

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