29 August, 2016

Sale of co-parcenery property by father - Son filing suit for a declaration that sale deeds were void and not binding on the co-parcenery- He has to merely pay a fixed Court fee of Rs. 19.50

SUPREME COURT OF INDIA

Before :-R.V. Raveendran & R.M. Lodha, JJ.
Civil Appeal Nos. 2811-2813 of 2010, [Arising out of SLP [C] Nos. 6745- 47/2009]. D/d. 29.03.2010.

Suhrid Singh @ Sardool Singh - Appellant
Versus
Randhir Singh & Ors. - Respondents

For the Appellant in person :- Suhrid Singh.
For the Respondent :- Labh Singh Bhangu and Ms. Madhu Moolchandani, Advocates.

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Supreme Court of India Judgments


JUDGMENT

R.V. Raveendran, J. - Leave granted.
The appellant filed a suit (Case No. 381/2007) on the file of the Civil Judge, Senior Division, Chandigarh for several reliefs. The plaint contains several elaborate prayers, summarizes below :
    (i) for a declaration that two houses and certain agricultural lands purchased by his father

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29 August, 2016 by Puneet Batish Advocate · 0

27 August, 2016

PH HC : Name of biological father cannot be replaced in birth certificate with name of step-father

PUNJAB AND HARYANA HIGH COURT

Before :- Rakesh Kumar Jain, J.
CWP No. 3560 of 2016 (O&M). D/d. 04.05.2016.

Baljit Kumar - Petitioner
Versus
State of Punjab and others - Respondents

For the Petitioner :- Amit Verma, Advocate.

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Punjab and Haryana High Court, Chandigarh Judgments

JUDGMENT
Rakesh Kumar Jain, J. - The interesting question arising in this petition is as to whether name of a step-father, on the asking of his step-son, can be entered in the Birth Certificate, replacing the name of the biological father, in terms of Section 15 of the Registration of Births and Deaths Act, 1969.

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27 August, 2016 by Puneet Batish Advocate · 0

HC orders release of robbed Money to victim for USE and not on superdari

DELHI HIGH COURT

CRL.M.C. 3616/2010

RITESH JINDAL ..... Petitioner
versus
STATE/GOVT OF NCT OF DELHI ..... Respondent

For Petitioner: Mr. Ashwani Goel, Advocate
For Respondent: Mr. Sunil Sharma, APP for ASI Shiv Kumar

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CORAM:
JUSTICE SHIV NARAYAN DHINGRA

Delhi High Court, Delhi Judgments

O R D E R
This petition has been filed by the petitioner against an order dated 3rd November 2010 passed by learned trial court refusing to release the robbedamount in favour of complainant. The complainant was robbed of a sum of Rs.4 lac, out of that Rs.3.43 lac were recovered from the accused persons and this amount of Rs.3.43 lac was lying in the court.

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by Puneet Batish Advocate · 0

Conduct DNA tests in all Rape Cases - MP HC tells Police and Doctors

MADHYA PRADESH HIGH COURT (Jabalpur)

Before :- Atul Sreedharan, J.
MCRC No. 6476 of 2016. D/d. 4.5.2016.

Raja Burman @ Rahu - Applicant
Versus
State of Madhya Pradesh - Respondent/State

For the Applicant :- Kaustubh Singh, Advocate.
For the Respondent :- K.S. Patel, learned Panel Lawyer.

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Madhya Pradesh High Court, Indore Judgments

JUDGMENT
Atul Sreedharan, J. - Mr. Kaustubh Singh, learned counsel for the applicants.
Mr. K.S. Patel, learned Panel Lawyer for the respondent/State.
2. This is an application U/s.439 of Cr.P.C. in connection with Crime No.26/16 registered at P.S. Burhar, Shahdol for offences U/s.376, 305/34 of I.P.C. and Section 5/6 of POCSO Act.

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Mismatch of signatures on Cheque - Provisions of Section 138 are attracted

UTTARAKHAND HIGH COURT

Before :- U.C. Dhyani, J.
Criminal Misc. Application No. 840 of 2010. D/d. 24.2.2014.

Virendra Singh Bisht - Petitioner
Versus
Sahil Trading Company - Respondent

For the Petitioner :- R.P. Nautiyal, Sr. Adv., assisted by Prashant Khanna.
For the Respondent :- Lokendra Dobhal, Advocate.

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Cases Referred :
Amit Kapoor v. Ramesh Chander, (2013) 1 Supreme Court Cases (Cri) 986.
Laxmi Dyechem v. State of Gujarat, 2012 Vol 11 Scale 365 : (2012) 13 SCC 375.
M/S Sahil Trading v. Virendra Singh, Criminal Case No. 865 of 2010.
Rajkumar Khurana v. State of (NCT of Delhi), (2009) 6 Supreme Court Cases 72.
Satish Kumar Mishra v. M/s Woodcastle SPA & Resorts, 2013 (2) U.D., 116.
Vinod Tanna v. Zaher Siddiqui, 2002 (45) ACC 389.

Jharkhand High Court, Ranchi Judgments

ORDER
U.C. Dhyani, J. - The applicant, by means of present petition moved under Section 482 Cr. P.C., seeks to quash the summoning order dated 18.06.2010 (annexure-6) as well as the proceedings of Criminal Case No. 865 of 2010, M/S Sahil Trading v. Virendra Singh, under Section 138 of the Negotiable Instruments Act, 1881, pending in the Court of Additional Judicial Magistrate, Rishikesh.
2. The complainant (respondent herein) filed a criminal complaint case against the accused (applicant herein) in the Court of Additional Judicial Magistrate, Rishikesh. Statement of the complainant was recorded under Section 200 Cr.P.C.

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07 August, 2016

Dishonour of cheque given as security - Accused liable under Sections 138 of NIA

PUNJAB AND HARYANA HIGH COURT

Before :- Anita Chaudhary, J.
CRM-A No. 3-MA of 2011 (O&M) with CRA-AS No. 195 of 2015. D/d. 21.12.2015.

Anjali Kukar - Petitioner
Versus
M.M. Lal Chhabra - Respondent

For the Appellant :- In Person.
For the Respondent in Persion :- N.S. Bains, Advocate.

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Cases Referred :
Ghurey Lal v. State of Uttar Pradesh, (2008) 10 SCC 450.
Jagan Nath Goyal v. The Branch Manager, LIC, Sangrur, RSA-90-2011.
Lt. Col. I.S. Chouhan v. Sant Ram, CRA-S-183-SBA-2007.
Rangappa v. Mohan, 2010(3) RCR (Criminal) 164.
S.K. Goyal v. Chittar Mal Mool Chand, CRM-A-738-MA-2012.
Shriram Transport Finance Co. Ltd. v. Kashmir Singh, CRM-A-665-MA-2015.

Punjab and Haryana High Court, Chandigarh Judgments


JUDGMENT
Anita Chaudhary, J. - Delay condoned. Leave to appeal is granted. CRA-AS- 195-2015 has been assigned by the Registry.
CRA-AS-195-2015
This appeal is by a lawyer who is pitted against her client. The cheque given by the client had bounced which led to the filing of a complaint under the Negotiable Instruments Act.
2. It would be apposite to give the necessary facts to appreciate the contentions raised on merits. MML Chhabra and his son were named in FIR No.

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07 August, 2016 by Puneet Batish Advocate · 0

30 July, 2016

Police must register FIR or face action : SC

SUPREME COURT OF INDIA

Before :- P. Sathasivam, C.J.I., B.S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi and S.A. Bobde, JJ.
Writ Petition (Criminal) No. 68 of 2008. D/d. 12.11.2013.

Lalita Kumari - Petitioner
Versus
Govt. of U.P. and others - Respondents

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WITH S.L.P. (Crl.) No. 5986 of 2006, S.L.P. (Crl.) No. 5200 of 2009, Criminal Appeal No. 1410 of 2011, Criminal Appeal No. 1267 of 2007 and Contempt Petition (C) No. D26722 of 2008 in Writ Writ  Petition (Criminal) No. 68 of 2008.
For the Petitioner :- Mrs. Mona K. Rajvanshi, AOR.
For the Petitioner in Crl. A. No. 1410/11 :- Mr. G. Sivabalamurugan, Advocate, Mr. Anis Mohamad, Advocate, Mr. L.K. Pandey, AOR.
For the Petitioner in Crl. A. No. 1267/07:- Mr. Sudarshan Singh Rawat, AOR.
For the Petitioner in SLP (Crl.) 5200/09 :- Mr. Abhijat P. Medh, AOR.
For the Petitioner in SLP (Crl.) 5986/09 :- Ms. Shalu Sharma, AOR.
For the Respondent :- Mr. Sidharth Luthra, ASG, Mr. C.D. Singh, AOR, Ms. Supriya Juneja, Mr. Gurmohan Singh Bedi, Mr. Arjun Dewan, Mr. Anandana Nanda, Mr. Mukesh Verma, Advocates, Ms. Sharmila Upadhyay, Mr. Debasis Misra, Mr. Kuldip Singh, Ms. Hemantika Wahi, Mr. Anil Shrivastav, Mr. Rituraj Biswas, Mr. Kamlendra Mishra, Mr. Khwairakpam Nobin Singh, Ms. Kamini Jaiswal, Mr. Ravindra Keshavrao Adsure, Mr. Jatinder Kumar Bhatia, Mr. Naresh K. Sharma, Mr. P.V. Dinesh, Ms. Anitha Shenoy, Mr. Gopal Singh, AORs.
For the CBI :- Dr. Ashok Dhamija, Mr. T.A. Khan, Ms. Sonia Dhamija, Mr. B.V.B. Das, Advocates, Mr. D.S. Mahra, AOR, Mr. Anil K. Jha, AOR, M/s. Corporate Law Group, Ms. Sumita Hazarika, AOR, Mr. Satish Vig, AOR, Mr. Aruneshwar Gupta, AOR, M/s. Arputham Aruna and Co.
For the Andaman and Nicobar :- Mr. Balasubramanian, Mr. K.V. Jagdishvaran, Advocates, Ms. G. Indira, Mrs. D. Bharathi Reddy, Mr. V.G. Pragasam, Mr. Dharmendra Kumar Sinha, Mr. Ajay Pal, Mr. R. Nedumaran, Mr. Ranjan Mukherjee, Ms. A. Subhashini, Dr. Monika Gusain, Mr. S. Thananjaya, Mr. Sudarshan Singh Rawat, AORs.
For the State of M.P. :- Mr. Suryanarayana Singh, AAG, Ms. Pragati Neekhra, AOR, Mr. Shekhar, Advocate, Ms. Asha Gopalan Nair, AOR, Mr. M.T. George and Ms. Kavita K.T., Advocates.
For the State of Nagaland :- Mrs. K. Enatoli Sema and Mr. Amit Kumar Singh, Advocates.
For the State of Haryana :- Mr. Manjit Singh, AAG, Mr. Amit Ludhaya, Mr. Irshad Ahmed, AOR.
For the State of Mizoram :- Mr. K.N. Madhusoodhanan and Mr. R. Sathish, Advocates.
For the Tamil Nadu :- Mr. M. Yogesh Kanna, AOR, Ms. Vanita Chandrakant, Mr. A. Santa Kumaran and Mr. Abhisth Kumar, Advocates.
For the State of U.P. :- Ms. Archana Singh and Mr. Raman Yadav, Advocates.
For the State of U.P. in SLP (Crl.) No. 5986/06 :- Mr. D. Mahesh Babu and Mr. Rameshwar Prasad Goyal, AOR.

Supreme Court of India Judgments

JUDGMENT
P. Sathasivam, CJI. - The important issue which arises for consideration in the referred matter is whether "a police officer is bound to register a First Information Report (FIR)

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30 July, 2016 by Puneet Batish Advocate · 0

Judges can't act as tape recorders,but protect witnesses - They have to monitor the proceedings in aid of justice in a manner that something, which is not relevant, is not unnecessarily brought into record

SUPREME COURT OF INDIA

Before :- Dr. Arijit Pasayat & P. Sathasivam, JJ.
Transfer Petition (Crl.) No. 175 of 2007. D/d. 12.3.2008.

Himanshu Singh Sabharwal - Petitioner
Versus
State of M.P. and Ors. - Respondents

(With Writ Petition (Crl.) No. 173 of 2006)

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IMPORTANT
There is frequent turning of witness as hostile due to threats, coercion etc. - State should take legislative measures to protect witnesses so that trials are not reduced to mock trials as in movies.
Prosecution or defence failed to produce some evidence which was necessary for just disposal of case - Court has power to call for evidence under Section 311 Cr.P.C. Criminal trial should be a search of truth and not a bout over technicalities - Trial is to protect innocent and punish guilty.

For the Appellant :- Vivek K. Tankha, Senior Advocate with Anurag Sharma, Prashant Kumar and Arjun Harkauli, Advocates.
For the Respondents :- Soli J. Sorabjee, Raju Ramachandran, Uday U. Lalit, Senior Advocates with Ms. Vibha Datta Makhija, Vinay Navare Virender Parmar, Ms. Abha R. Sharma, K.L. Janjani, Krishnan Venugopal, D. Bharat Kumar, Anand, Ms. M. Indrani, Abhijit Sengupta, Bhupendra Yadav, Sharabh Samsheri, P.K. Kaurav, Vishwa Pal Singh and Shibashish Misra, Advocates.

Cases referred :
Mrs. Maneka Sanjay Gandhi v. Ms. Rani Jethmalani, (1979(4) SCC 167).
G.X. Francis v. Banke Behari Singh, AIR 1958 SC 309.
Mohan Lal v. Union of India, 1991(3) RCR(Criminal) 182 : (1991 Supp (1) SCC 271).
Zahira Habibulla H. Sheika v. State of Gujarat, 2004(2) RCR(Criminal) 836 : 2004(3) Apex Criminal 46 : (2004(4) SCC 158).

Supreme Court of India Judgments

JUDGMENT
Dr. Arijit Pasayat, J. - Transfer Petition (Crl.) No. 175 of 2007 has been filed by one Himanshu Singh Sabharwal who is the son of late Prof. H.S. Sabharwal.

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26 July, 2016

Police duty bound to register FIR without making any enquiry with regard to genuineness or credibility of information

PUNJAB AND HARYANA HIGH COURT

Before :- Ajai Lamba, J. 
Criminal Miscellaneous No. 21452-M of 2004. D/d. 18.10.2006

Mohinder Singh - Petitioner
Versus
State of Punjab & Others - Respondents

For the Petitioner :- Mr. R.S. Ghuman, Advocate.
For the Respondent 1 to 5 :- Mr. Eklavya Kumar, Assistant Advocate General, Punjab.
For the Respondent Nos. 6, 7, 8, 10, 13, 14 and 15 :- Mr. Harsh Kinra, Advocate.

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Punjab and Haryana High Court, Chandigarh Judgments

Cases referred :
Superintendent of Police, C.B.I. v. Tapan Kr. Singh, 2003(2) RCR(Crl.) 880 : 2004(1) Apex Criminal 186 (SC) : 2003 Criminal Law Journal 2322.
Ramesh Kumari v. State (NCT of Delhi), 2006(2) RCR(Crl.) 197 : 2006(1) Apex Criminal 541 (SC) : (2006)2 SCC 677.
Mohindro v. State of Punjab, (2001) 9 SCC 581.
Bhupinder Kaur v. State of Punjab through Home Secretary, Punjab, 1997(2) RCR(Criminal) 244.
Manjit Singh v. Senior Superintendent of Police, 1997(2) RCR (Criminal) 412.
State of Haryana v. Bhajan Lal, 1991(1) RCR(Crl.) 383 (SC) : AIR 1992 SC 604.
Balwant Singh v. State of Punjab, 1998(2) RCR(Criminal) 454.

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26 July, 2016 by Puneet Batish Advocate · 0

25 July, 2016

Dowry articles entrusted at Amritsar and brought at Malerkotala at Matrimonial House - FIR lodged under Section 406 IPC at Amritsar - Amritsar court has the jurisdiction

PUNJAB AND HARYANA HIGH COURT

Before :- S.C. Malte, J.
Criminal Revision No. 322 of 1997. D/d. 7.8.1997.

Surinder Kaur alias Namrata - Petitioner
Versus
State of Punjab - Respondents

For the Petitioner :- Mr. R.S. Cheema, Sr. Advocate with Rajiv Trikha, Advocate.
For the Respondent No. 2 :- Mr. T.P.S. Mann, Advocate.

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Punjab and Haryana High Court, Chandigarh Judgments

JUDGMENT

S.C. Malte, J. - The wife has preferred this petition against the order vide which the Chief Judicial Magistrate, Amritsar has held that he has no territorial jurisdiction to entertain the case

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25 July, 2016 by Puneet Batish Advocate · 0

18 July, 2016

Compensation for victims shall be awarded by the Court on conviction of the offender and by the Criminal Injuries Compensation Board whether or not a conviction has taken place

SUPREME COURT OF INDIA

Before :- M.N. Venkatachaliah, CJI., S. Mohan and S.B. Majumdar, JJ.
Writ Petition (Cri.) No. 362 of 1993. D/d. 19.10.1994

Delhi Domestic Working Women's Forum - Petitioner
Versus
Union of India - Respondents

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Supreme Court of India Judgments

JUDGMENT

S. Mohan, J. - This public interest litigation invokes the benign provision of Article 32 of the Constitution of India at the instance of the petitioner Delhi Domestic Working Women's Forum to espouse

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18 July, 2016 by Puneet Batish Advocate · 0

Rs.5 Lakh Compensation to Rape Victim - Court has right to award interim compensation to victim

SUPREME COURT OF INDIA

Before :- P. Sathasivam, CJI, Sharad Arvind Bobde and N.V. Ramana, JJ.
Suo Motu Writ Petition (Criminal) No. 24 of 2014. D/d. 28.3.2014.

In Re Indian Woman says gang-raped on orders of Village Court published in Business and Financial News - Petitioner

For the Appearing Parties :- Sidharth Luthra, ASG(AC), Aditya Wadhwa, Anandna Handa, Arjun Diwan, Anip Sachthey, Advocates.

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Supreme Court of India Judgments

JUDGMENT

P.Sathasivam, CJI. - This Court, based on the news item published in the Business and Financial News dated 23.01.2014 relating to the gang-rape of a 20 year old woman of Subalpur Village, P.S. Labpur, District Birbhum,

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