Law Herald (SC and P&H)

Punjab & Haryana High Court Adverse Possession -- Joint Property -- Co-sharer cannot claim adverse possession against another co-sharer Joint property -- Co-sharer in possession has raised construction and obtained an electricity connection in his name -- This does not extinguish the ownership rights of the other co-sharers Full Text Judgment (LHPH Part No. 11-12) https://lawheraldonline.in/private/casedetail?id=887998

Supreme Court Anticipatory Bail -- Private Complaint -- Summon to Appear was issued and not warrant of arrest while taking cognizance of private complaint--Thus, apprehension of being arrested is unfounded--Bail petition dismissed Full Text Judgment (LHSC Part No. 11-12) https://lawheraldonline.in/private/casedetail?id=888159

Punjab & Haryana High Court Summoning as Additional Accused -- Murder -- Mere reference about presence of the proposed accused persons with firearms at the spot not sufficient -- Application dismissed Full Text Judgment (LHPH Part No. 9-10) https://lawheraldonline.in/private/casedetail?id=888102

Murder -- Death by Strangulation -- Hyoid bone was broken from both sides but common symptoms of strangulation were absent -- Inconclusive medical evidence cannot be relied upon -- Acquittal Confession of Co accused -- Exculpatory statements made by A1 to absolve himself from the liability and accuse A2 of having caused the death, cannot at all be relied upon against A2 -- Acquittal Confession -- Access to Lawyer -- Magistrate had not offered any assistance of a lawyer to the accused at the time of production for recording of the confessions, thus, the same cannot be relied upon

Punjab & Haryana High Court Ancestral Property -- Consent Decree -- To constitute ancestral coparcenary property, the property must devolve upon the holder by way of survivorship and not by way of consent decree/judicial decree Full Text Judgment (LHPH Part No. 9-10) https://lawheraldonline.in/private/casedetail?id=888078

Supreme Court Guarantor -- Extent of Liability -- Without the consent of guarantor, Bank gave more amounts to borrower than original amount for which guarantor undertook liability -- Guarantor not liable for default of said excess amount Full Text Judgment (LHSC Part No. 9-10) https://lawheraldonline.in/private/casedetail?id=888148

Punjab & Haryana High Court Examination of Witness -- Person summoned to produce a document possibly cannot be treated as a witness -- Affidavit of Examination-in-Chief of such person de-exhibited Full Text Judgment (LHPH Part No. 9-10) https://lawheraldonline.in/private/casedetail?id=888073

Supreme Court Dowry Demand -- Delay in Lodging FIR -- Appellants are parents-in-law -- Criminal complaint may have been instituted by way of a counter-blast to the divorce proceedings initiated much earlier by the husband -- Summoning orders quashed qua them Dowry Demand -- Vague Allegations -- No particular dates, places or individual acts attributed to parents-in-law -- Only allegation is that they would quarrel --  Summoning Orders quashed Full Text Judgment (LHSC Part No. 9-10) https://lawheraldonline.in/private/casedetail?id=888147

Punjab & Haryana High Court Additional Evidence in Appeal -- Application under O.41 R.27 CPC was decided and main appeal was adjourned for the arguments whereas it has to be considered alongwith main appeal -- Impugned order set aside Full Text Judgment (LHPH Part No. 9-10) https://lawheraldonline.in/private/casedetail?id=888016

Supreme Court SCST -- Casteist Remarks -- Accused has been acquitted under S.294 and S.506 IPC as the accused had not with an intent to insult threatened to kill -- Therefore, on same set of evidence it cannot be held that alleged acts of accused were made being aware of caste of victim -- Accused discharged under SCST Act Full Text Judgment (LHSC Part No. 9-10) https://lawheraldonline.in/private/casedetail?id=888125

Punjab & Haryana High Court Probate -- Representative Title -- No probate was necessary for the Will, which has already been duly proved in Civil Court Full Text Judgment (LHPH Part No. 9-10) https://lawheraldonline.in/private/casedetail?id=888015

Probate -- Representative Title -- No probate was necessary for the Will, which has already been duly proved in Civil Court

Supreme Court Bail -- Routing of International Calls as Local Calls -- Appellant had joined the investigation and recorded his statement -- Thereafter, no fresh material which is serious enough to deny the bail -- Interim bail made absolute Full Text Judgment (LHSC Part No. 9-10) https://lawheraldonline.in/private/casedetail?id=888124

Punjab & Haryana High Court Accident -- Legal Representatives -- Claim petition by major children of deceased is maintainable Full Text Judgment (LHPH Part No. 9-10) https://lawheraldonline.in/private/casedetail?id=888014

Supreme Court Arbitral Proceedings -- Date of Commencement -- It is when respondent receives a request to refer the dispute to arbitration and not when an application under Section 9 or Section 11 is filed Full Text Judgment (LHSC Part No. 9-10) https://lawheraldonline.in/private/casedetail?id=888122