Tenant cannot be deprived of Basic Amenities
Allahabad High Court: In a writ petition praying to resume electricity connection to the premises in occupation by the tenants who are in an occupancy dispute with the landlord, the Division Bench, Saumitra Dayal Singh and Manjive Shukla, JJ. has held that legal and authorized ‘occupier’ of the premises including tenant cannot be deprived of basic amenities like electricity connection. However, itRead More…
Marriage Cannot be Dissolved by Way of a Compromise
In a recent legal ruling, the Allahabad High Court addressed a contentious dispute over family pension entitlement following the demise of a government employee. The court, comprising Justice Ashtvani Kumar Mishra and Justice Syed Qamar Hasan Rizvi, meticulously examined the intricacies of the case to deliver a verdict. The dispute stemmed from the claim made by Rajni Rani, asserting her entitleRead More…
Court Decision_Civil_SC_Jan 2022-15March 2024-Lawblogs
Civil – Supreme Court Rent Law–Bona fide requirement–There is no bar for someone who is pursuing higher studies, to start a business. (2) Eviction petition filed on two grounds (1) wilful default in payment of rent (2) personal bonafide necessity of premises for own use of landlord–High Court found that landlord was carrying on business and he had children, for whom he wanted to set up a businRead More…
Court Decision_Criminal_SC_Jan 2022-15March 2024
Criminal – Supreme Court DNA–Section 45/112 Indian Evidence Act– Direction to conduct DNA Test–Dismissal of Application–Merely because something is permissible under Law, cannot be directed as a matter of course–DNA test can violate right of privacy, thus cannot be conducted mechanically. (2) F.I.R u/s 498A/323/354/506 IPC– Allegations of dowry demand and harassment- Complainant filed appliRead More…
Punjab & Haryana High Court Decision (Civil) Nov., 23 to Feb., 2024
Civil – PbHr Crop Insurance–Compensation– Kisan Credit Card Loan Facility– Case of complainant that crops of millet and cotton destroyed due to inadequate rainfall–Held, no document on file to prove any specific killa number in which crops were sown by applicant and same were allegedly destroyed–Applicant failed to produce any document regarding destruction/damage of his ΒΌ share of 182 kanaRead More…
Punjab & Haryana High Court Decision (Criminal) Nov., 23 to Feb., 2024
Criminal – PbHr Cancellation of Bail–Habitual Offender–FIR under Section 18 NDPS Act–Firstly, accused misrepresented and concealed factum of his involvement in another case under NDPS Act wherein also a huge recovery of 91 kgs of opium was effected– Secondly, he misused concession of bail granted to him, as he has yet again been involved as an accused in a case under NDPS Act in State of PunjRead More…
Transfer of Property Act-Mortgage by conditional sale
Transfer of Property Act–Section 58 (c)–Mortgage by conditional sale–A transaction shall not be deemed to be a mortgage unless condition for reconveyance is contained in document which purports to effect the sale. — Distinction between mortgage by conditional sale and a sale with a condition of repurchase–In a mortgage, debt subsists and a right to redeem remains with debtor, but a sale with Read More…
Agreement to Sell–Agricultural Land
Agreement to Sell–Agricultural Land–Khasra, Khewat and Khatauni numbers not mentioned in agreement–Plea of defendant that agreement to sell is a fake document, as identity of land not established–Held, property can be identified either by its boundaries or by any other specific description–Even in absence of any site plan, identity of property stands fully established on basis of its boundariRead More…
Accident Claim-Amendment
MACT–Sec.163A–Amendment in petition to reduce income of deceased from Rs.4000 per month to Rs.3000 per month–Application for amendment allowed. — Motor Vehicles Act–Section 163-A–While filing petition, claimants claimed that deceased was earning more than Rs.4,000 per month–During pendency of petition, upon realizing that petition u/s 163-A M.V Act is maintainable only for persons who are hRead More…