Skip to main content

Posts

Showing posts with the label Punjab and Haryana High Court

Punjab & Haryana High Court Monthly Digest September 2018

Court Fee - In the event of finding deficiency in Court fee, a notice can be issued to the plaintiff to make good the required Court fee. In the event of his failure to do the same, the suit can be dismissed on that account. State Bank of India v. Subhash Chander Jain, 11-09-2018 Narcotic Drugs and Psychotropic Substances Act, 1985 - the Investigating Officer being the complainant should have refrained himself from further investigation of the case as he was not only the complainant in the case, but he carried on with the investigation and examined witnesses under Section 161 Cr.P.C. The perception of the Officer, who had seized the contraband and arrested the accused would negate the concept of fair and impartial investigation. The plinth of justice dispensation system is founded on the faith, trust and confidence of the people. A litigant reasonably expects adherence to the rules pertaining to fundamental adjective and seminal substantive law while delivering reasoned dec...

Issue of Court Fee cannot be Treated to be a Preliminary Issue [Case Law]

Court Fee - In the event of finding deficiency in Court fee, a notice can be issued to the plaintiff to make good the required Court fee. In the event of his failure to do the same, the suit can be dismissed on that account.

Sodomy, Forcible Sexual Intercourse & Adoption of Unnatural Means a ground to seek Divorce [Case Law]

Divorce - The act of sodomy, forcible sexual intercourse and adoption of unnatural means which are forced upon the other spouse and result for unbearable pain to the extent that one is forced to stay away would certainly be a ground to seek separation or decree of divorce.

Lawyer Gets 1 Month Imprisonment for Criticizing High Court Judge on Facebook [Case Law]

Contempt of Courts Act, 1971 -  The dignity and authority of the Court has to be maintained not only by the general public but also by the Advocates who constitute an important part of the system of the administration of justice and are considered as officers of the Court.  

Whether Naming Somebody in Suicide Note is Sufficient to Prove Abetment [Case Law]

Penal Code, 1860 -  Ss. 306/34 & 107 -  For the wrong decision taken by a coward, fool, idiot, a man of weak mentality, a man of frail mentality, another person cannot be blamed as having abetted his committing suicide.

Whether a Co-owner of the Property is Entitled to seek an Injunction against other Co-owner ?

Whether a co-owner of the property is entitled to seek an injunction against other co-owner who has been in exclusive possession of the entire or part of the property restraining him from making any construction in that part of the property.