Pages

▼
Showing posts with label punjab and haryana high court. Show all posts
Showing posts with label punjab and haryana high court. Show all posts
Sunday, 28 December 2025

P & H HC: Even when the regular bail petition is pending before the High Court, the Sessions Court or Magistrate court are competent to grant default bail

›
Resultantly, a pendency of bail petition either in the High Court or the Sessions Court would not disentitle the Magistrate or even the Sess...
Sunday, 23 November 2025

Punjab & Haryana HC: Can the applicant take recourse to the Domestic Violence Act proceedings to enforce her property rights?

›
  It needs to be clarified here that resort to Domestic Violence Act can not be done to enforce property rights as for enforcement of proper...

Punjab & Haryana HC: What remedies are available if violence is committed against an aggrieved woman by any relative of her husband, if not residing with her in a shared household?

›
 Domestic relationship continues so long as the parties live under the same roof and enjoy living together in a shared household. However, w...

Punjab and Haryana HC: Domestic violence Act proceeding against persons not residing in shared household is not maintainable

›
Respondent has filed the complaint under the Act. Admittedly, petitioners are not residing in the matrimonial home of the respondent.  {Para...
Sunday, 12 October 2025

Punjab & Haryana HC: Jurisdiction of district court under S 9 of guardian and wards Act is mixed question of law and fact

›
 It is evident from a bare reading of the above that the solitary test for determining the jurisdiction of the court under Section 9 of the ...
Monday, 1 September 2025

Punjab & Haryana HC: Motor accident claim tribunal can allow medical expenses more than 15000/- in petition under S 163A of Motor vehicle Act

›
In my opinion, the submissions cannot be accepted. It has been held by Hon'ble Supreme Court of India in a number of decisions that the ...
Wednesday, 16 April 2025

P & H HC: Whether Motor accident claim tribunal can reject claim petition if some of legal heirs are not added as party to the proceeding?

›
A bare perusal of the above-mentioned provision shows that where the death has resulted from the accident, the application for compensation ...
Thursday, 13 March 2025

Under which circumstances the legal guardian of muslim minor is competent to sell or . mortgage the property of the minors?

›
SECTION 108 OF B.R. VERMA'S COMMENTARY ON MOHAMMEDAN LAW: 108. Power of guardian.- A legal guardian shall be entitled to exercise the fo...
Wednesday, 25 December 2024

Punjab And Haryana HC: Sale deed executed by person having no title over it, such sale deed do not confer any title on purchaser and can be ignored even in collateral proceeding

›
   Firstly, the proprietors are not party to the decree dated 6.3.1986 or the subsequent sale deeds. The said sale deeds are without any tit...

Punjab and Haryana HC: Limitation to set aside sale deed executed by person having no title commences from the date when such sale becomes known to plaintiff

›
 Thus, the decree granted against Gram Panchayat cannot be used against the proprietors as none of them was party before the Assistant Colle...
Thursday, 23 May 2024

Whether executing court can pass an order of attachment of Residential premises/home in execution of claim petition award?

›
Learned counsel seeks to contend that a procedure prescribed for enforcement of process against land must be understood as a procedure that ...
Wednesday, 27 December 2023

Whether the court can direct automatic cancellation of bail if accused is involved in a subsequent crime?

›
In my view, merely because of the reason that such a condition was imposed while granting bail to the accused, that would not result in the ...
Tuesday, 19 December 2023

Whether wife can claim streedhan in proceeding U/S 27 of Hindu Marriage Act?

›
 That a wife has an independent right to recover "Stridhan " by filing a civil suit or by invoking any other independent remedy un...
Thursday, 30 March 2023

Can the court call a witness in a criminal case on an application filed by a third party U/S 311 of the CrPC?

›
In the facts and circumstances of the present case, the  petitioner-Company is neither the complainant nor is a victim but is a  telecasting...
Sunday, 18 December 2022

Whether an offence U/S 153-A of IPC is made out against the accused if the prosecution has failed to show that he intended to cause disorder or incite people to violence?

›
I have gone through the entire case record including the challan  prepared under Section 173 Cr.P.C and considered the submissions of  respe...
Thursday, 15 December 2022

Whether the court can release accused on default bail in NDPS Case if prosecution has filed chargesheet without report of FSL?

›
  It is no doubt correct that Hon’ble the Supreme Court and also a full  Bench of this Court have held that a challan even if not accompanie...
Sunday, 20 November 2022

Under which circumstances can the court set aside temporary injunction order granted after hearing both parties?

›
The order which has been vacated by the Trial Court is an ad interim order and not a temporary order on injunction which had been adjudicate...

Can the court continue interim relief to the plaintiff if the defendant fails to file his written statement?

›
  Admittedly the application under Order 39 Rule 1 & 2 CPC is still pending consideration, since the written statement had not been file...
Wednesday, 25 May 2022

Whether high court can quash prosecution for an offence under POCSO Act if compromise is done by parents of victim child?

›
  Another thing that needs to be noticed is that in the case of child the compromise affected between the parents cannot be recognized.  Any...
Sunday, 1 May 2022

Whether the court can refuse to execute decree for permanent injunction by holding that DH should file suit for partition?

›
  A perusal of the judgement dated 24.08.2002 passed by the Trial Court while decreeing the suit for permanent injunction filed by the petit...