Law Herald (SC and P&H)

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

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

Punjab & Haryana High Court Domestic Violence -- Notice to Appear -- Quashing -- Notice under DV Act cannot be compared with summoning orders -- No case made out for quashing of complaint and notice under DV Act Full Text Judgment (LHPH Part No. 13-14) https://lawheraldonline.in/private/casedetail?id=888251

Supreme Court Bail -- NDPS -- Grounds of Arrest -- Violation of requirement of supplying grounds of arrest vitiates the arrest -- This rule is applicable to all offences including NDPS Act Bail -- Grounds of Arrest -- Arrest memo contains a statement that the arresting officer had explained the grounds of arrest to the accused before the arrest -- However, grounds of arrest were not supplied in writing  -- Arrest held illegal -- Bail granted Full Text Judgment (LHSC Part No. 13-14) https://lawheraldonline.in/private/casedetail?id=888351

Punjab & Haryana High Court Grievous Hurt -- Bail -- Prima facie made out but no prosecution witness has been examined so far in last about 08 months -- Bail granted Full Text Judgment (LHPH Part No. 13-14) https://lawheraldonline.in/private/casedetail?id=888225

Supreme Court Sanction for Prosecution -- Public Servant -- Protection under S.197(1) CrPC -- If a police official can be removed without sanction of the Government then sanction for prosecution is not required for the said police official  Sanction for Prosecution -- Taking of Cognizance -- Post-cognizance sanction will not save the proceedings as bar was applicable on date of cognizance Full Text Judgment (LHSC Part No. 13-14) https://lawheraldonline.in/private/casedetail?id=888346

Punjab & Haryana High Court Religious Sentiments -- Bail -- Slaughtering of Cows -- Applicability of the provisions of Section 153A and 295A of IPC is matter of trial -- No witness has been examined in last 7 months -- Bail granted Full Text Judgment (LHPH Part No. 13-14) https://lawheraldonline.in/private/casedetail?id=888224

Supreme Court Maintenance to Wife -- EMI on Loans -- Liability to maintain a spouse is a primary obligation -- Voluntary payment for assets generation cannot be deducted to determine real income of husband Full Text Judgment (LHSC Part No. 13-14) https://lawheraldonline.in/private/casedetail?id=888338

Punjab & Haryana High Court Dowry Demand -- Dowry Car -- Loan for Car was taken jointly in the name of husband and wife -- Merely because few EMIs were paid by the wife the same would not fall within the orbit of dowry demand -- Anticipatory Bail granted Full Text Judgment (LHPH Part No. 13-14) https://lawheraldonline.in/private/casedetail?id=888223

Supreme Court Housing -- Delay in Delivery -- Joint Development Agreement -- Liability of Compensation for Delay is on Developer and not the Landowner Full Text Judgment (LHSC Part No. 13-14) https://lawheraldonline.in/private/casedetail?id=888329

Punjab & Haryana High Court Maintenance to Wife -- Income of Wife -- Husband running his private dental clinic -- Wife earning about Rs.1 lakh p.m. -- Interim maintenance granted as Rs.12,000/-p.m. to Wife Full Text Judgment (LHPH Part No. 13-14) https://lawheraldonline.in/private/casedetail?id=888205

Supreme Court Accident -- Group Insurance by Employer -- Benefits thereof not to be deducted from compensation awarded by MACT Full Text Judgment (LHSC Part No. 13-14) https://lawheraldonline.in/private/casedetail?id=888327