Law Herald (SC and P&H)

Punjab & Haryana High Court Bail -- Default Bail -- Application for extending the time to file chargesheet was allowed without issuing the notice to accused -- Order set aside -- Default bail granted Full Text Judgment (LHPH Part No. 19-20) https://lawheraldonline.in/private/casedetail?id=888678

Supreme Court Probation -- Good Conduct -- The benefit of Section 4 of the 1958 Act is available to an offender who has been sentenced only to payment of fine Probation -- Hurt with Deadly Weapons -- Conviction under Section 323 and 324 of IPC and sentenced to pay a fine only -- Released on probation of good conduct Full Text Judgment (LHSC Part No. 19-20) http://lawheraldonline.in/private/casedetail?id=888795

Supreme Court Bail -- Cancellation of -- Dowry Death -- High Court granted bail keeping in view long custody without discussing important aspect of the case -- Bail cancelled Full Text Judgment (LHSC Part No. 19-20) https://lawheraldonline.in/private/casedetail?id=888793

Supreme Court Dowry Death -- Dowry Demand -- Element of dowry demand not mentioned in the statements under S.161 CrPC of any family member of deceased -- Acquittal Full Text Judgment (LHSC Part No. 19-20) https://lawheraldonline.in/private/casedetail?id=888790

Punjab & Haryana High Court Dishonour of Cheque -- Blank Security Cheque -- When Signatures are admitted, rather than raising the issue that he had no reason to issue cheque, accused was to explain and prove the circumstance of issuing the cheque -- Conviction upheld Full Text Judgment (LHPH Part No. 19-20) https://lawheraldonline.in/private/casedetail?id=888675

Supreme Court Succession -- Devolution by Succession -- When property devolves upon son under Section 8 HSA, it devolves in their individual capacity and not as karta of his own Hindu Undivided Family Partition -- Devolution by Succession -- Upon the death of father, his daughter and her four daughters became separate owners -- Daughter sold part of property for marriage of one of her daughter -- Property sold will be deducted from her own share and not as part of HUF Full Text Judgment (LHSC Part No. 19-20) https://lawheraldonline.in/private/casedetail?id=888786

Punjab & Haryana High Court Necessary Party -- Specific Performance -- Petitioner is son of the seller -- He contended that property is ancestral and thus was necessary party -- Application under O.1 R.10 CPC dismissed Full Text Judgment (LHPH Part No. 19-20) https://lawheraldonline.in/private/casedetail?id=888672

Supreme Court Consumer Complaint -- Additional Remedy -- Existence of another forum or another mode of adjudication, does not by itself exclude the jurisdiction of the consumer fora -- Therefore, consumer complaint is maintainable even though there is an arbitration agreement between the parties. Consumer -- Housing -- Delay in Delivery --  Subsequent Possession does not extinguish the claim for compensation for the delay Full Text Judgment (LHSC Part No. 19-20) https://lawheraldonline.in/private/casedetail?id=888785

Consumer Complaint -- Additional Remedy -- Existence of another forum or another mode of adjudication, does not by itself exclude the jurisdiction of the consumer fora -- Therefore, consumer complaint is maintainable even though there is an arbitration agreement between the parties. Consumer -- Housing -- Delay in Delivery --  Subsequent Possession does not extinguish the claim for compensation for the delay

Punjab & Haryana High Court Ancestral Property -- Alienation by Karta -- Proof of Legal Necessity -- Burden is on the buyer -- If the burden is not discharged then the alienation is voidable at the instance of any non-consenting co-parcener and does not bind his undivided share Full Text Judgment (LHPH Part No. 19-20) https://lawheraldonline.in/private/casedetail?id=888665

Supreme Court Divorce -- Cruelty to Husband -- Denial of physical intimacy by wife without a reasonable cause constitutes mental cruelty -- Divorce granted Full Text Judgment (LHSC Part No. 19-20) https://lawheraldonline.in/private/casedetail?id=888784

Punjab & Haryana High Court Condonation of Delay -- Mistake of Counsel -- Appeal not refiled after removing objections by registry -- Delay of 3706 days in filing appeal condoned Full Text Judgment (LHPH Part No. 19-20) https://lawheraldonline.in/private/casedetail?id=888662

Supreme Court Specific Performance -- Readiness and Willingness -- FDRs produced by plaintiff to prove his readiness were created after filing of suit -- Suit dismissed Specific Performance -- Readiness and Willingness -- Non-Obtaining of Statutory Permission -- Plaintiff-Buyer did not furnish the necessary affidavit or requisite forms for obtaining such clearance and waited for defendant to take steps -- Suit dismissed Full Text Judgment (LHSC Part No. 19-20) https://lawheraldonline.in/private/casedetail?id=888782