Law Herald (SC and P&H)

Punjab & Haryana High Court Damages -- Malicious Prosecution -- Civil Court has to conduct an independent enquiry with regard to oblique motive of the defendant -- Mere acquittal cannot constitute sole reason to grant a decree in favour of the plaintiff Full Text Judgment (LHPH Part No. 21-22) https://lawheraldonline.in/private/casedetail?id=888747

Supreme Court Execution of Decree -- Property Owned by Company -- Director cannot claim ignorance of the pendency of suit -- Objections dismissed Full Text Judgment (LHSC Part No. 21-22) https://lawheraldonline.in/private/casedetail?id=888907

Punjab & Haryana High Court Video Conferencing -- Recording of Evidence -- Witness is of advanced age and has recently suffered the loss of her husband -- Application allowed Full Text Judgment (LHPH Part No. 21-22) https://lawheraldonline.in/private/casedetail?id=888746

Supreme Court Bail -- Bail Conditions -- Sale of Property -- Cheating -- While granting bail court cannot impose condition to sell the properties of accused and distribute the sale proceeds amongst the complainant Full Text Judgment (LHSC Part No. 21-22) https://lawheraldonline.in/private/casedetail?id=888906

Punjab & Haryana High Court Contempt Proceedings -- Repeated Frivolous Proceedings -- Costs of Rs.50,000/- imposed on petitioner for abusing the process of law and harassing public servants Full Text Judgment (LHPH Part No. 21-22) https://lawheraldonline.in/private/casedetail?id=888742

Supreme Court Bail -- NDPS -- Commercial Quantity -- Long Custody -- Bail granted without recording the satisfaction under S.37 NDPS -- Rigours of Section 37 of the NDPS Act cannot be diluted merely on violation of right to a speedy trial -- Order granting bail set aside Full Text Judgment (LHSC Part No. 21-22) https://lawheraldonline.in/private/casedetail?id=888905

Punjab & Haryana High Court Culpable Homicide -- Framing of Charges -- Fire in Factory of Fire Crackers -- Death of Workers -- Owners had not taken requisite safety measures -- Order framing charges under S.105 BNS upheld Full Text Judgment (LHPH Part No. 21-22) https://lawheraldonline.in/private/casedetail?id=888738

Supreme Court Accident -- Artificial Limbs -- Prosthetic Limb needs to be replaced every 5 years and annual maintenance charges will have to be incurred till assumed life expectancy of 70 years -- Appellant was 32 years at the time of accident -- Rs.26 lakhs awarded for artificial limb Full Text Judgment (LHSC Part No. 21-22) https://lawheraldonline.in/private/casedetail?id=888896

Punjab & Haryana High Court Condonation of Delay -- Inordinate Delay -- In absence of due diligence, Court would not be justified in condoning an inordinate delay by imposing any condition whatsoever Condonation of Delay -- Inordinate Delay -- Being not aware of right to appeal and also due to poverty could not engage a counsel -- Not sufficient grounds -- Delay not condoned Full Text Judgment (LHPH Part No. 21-22) https://lawheraldonline.in/private/casedetail?id=888733

Supreme Court Rejection of Plaint -- Bar to Suit -- Plea that suit is barred under O.2 R.2 CPC cannot be a ground for rejection of plaint under O.7 R.11 CPC Bar to Suit -- Same Cause of Action -- Proof of -- Defendant must produce the plaint in the earlier suit in evidence in order to establish that cause of action between the two suits is identical and in earlier suit there was a deliberate relinquishment of a larger relief on the part of the plaintiff Full Text Judgment (LHSC Part No. 21-22) https://lawheraldonline.in/private/casedetail?id=888894

Punjab & Haryana High Court Eviction Petition -- Applicability of 2005 Act -- Rent note executed after coming into force of 2005 Act but tenant was inducted much prior -- Act of 1949 would be applicable Full Text Judgment (LHPH Part No. 21-22) https://lawheraldonline.in/private/casedetail?id=888729

Supreme Court Accident -- Functional Disability -- Functional Disability of the injured has to be appreciated and assessed in the context of his occupation and not as medically indicated Accident -- Functional Disability -- Amputation of Right Leg -- Injured a Carpenter aged 38 years -- Functional disability assessed at 100% -- Income assessed at Rs.9,000/- per month -- Total Compensation of about Rs.36 lakhs awarded Full Text Judgment (LHSC Part No. 21-22) https://lawheraldonline.in/private/casedetail?id=888893

Punjab & Haryana High Court Murder -- Dying Declaration -- Firearm Injury -- Time between the injury and death was of few minutes -- Thus, prosecution was required to establish that when the prosecution witnesses were shifting deceased to hospital deceased had made oral dying declaration -- Prosecution failed to do so -- Acquittal Murder -- Firearm Injury -- FSL Report -- Bullet fired and pistol recovered at the instance of accused does not match -- Acquittal Full Text Judgment (LHPH Part No. 21-22) https://lawheraldonline.in/private/casedetail?id=888731