30 October, 2014

FIR registered after delay of 9 days - Delay not explained which in itself creates suspicion in the case of the prosecution

PUNJAB AND HARYANA HIGH COURT

Before :- Jasbir Singh and Daya Chaudhary, JJ.
Crl. Appeal No. 41-DB of 2004. D/d. 30.10.2009.

Pawan Mandal and another - Appellants
Versus
State of Punjab - Respondent

For the Appellants :- Ms. Sumanjit Kaur, Advocate.
For the Respondent-State :- Mr. D.S. Brar, Deputy Advocate General, Punjab.

Punjab and Haryana High Court, Chandigarh

JUDGMENT


Daya Chaudhary, J. - The present appeal arises out of judgment of conviction and order of sentence dated 21.10.2003 passed by Sessions Judge, Amritsar, in Sessions Case No. 109 of 2000, vide which accused-appellants Pawan Mandal and Bhairo Mandal have been convicted for offence under Sections 302 read with Section 34 IPC and 201 IPC and sentenced them to undergo imprisonment for life and to pay fine of Rs. 1000/- each and in default of payment of fine to further undergo RI for six months under Section 302 read with Section 34 IPC. Under Section 201 IPC, to undergo RI for two years and to pay fine of Rs. 500/- each and in default of payment thereof, to further undergo RI for two months. The substantive sentences were directed to run concurrently.

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30 October, 2014 by Puneet Batish · 0

29 October, 2014

No direct evidence available - Suspicion against husband and in-laws - Strong suspicion against accused cannot take the place of legal proof

SUPREME COURT OF INDIA

Before :- M.M. Dutt, S. Ratnavel Pandian and V. Ramaswamy, JJ.
Criminal Appeal No. 420 of 1989. D/d. 20.10.1989.

Padala Veera Reddy - Appellant
Versus
State of Andhra Pradesh - Respondent

For the Appellant :- Mr. C. Sitaramiah, Senior Advocate, Mr. A.D.N. Rao and A. Subba Rao, Advocates with him.
For the Respondent :- Mr. P. Krishna Rao, Mr.B. Krishna Prasad and Mr. G. Prabhakar, Advocates.

Supreme Court of India

JUDGMENT

S. Ratnavel Pandian, J. - This criminal appeal is directed against the judgment of the High Court of Andhra Pradesh, rendered in Criminal Appeal No. 544 of 1987 partly allowing the appeal by setting aside

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29 October, 2014 by Puneet Batish · 0

The admission or confession of a person to be taken as a whole - Such admission or confession cannot be split up

SUPREME COURT OF INDIA

Before : - Mehr Chand Mahajan, S.R. Das and N.H. Bhagwati, JJ.
Criminal Appeals Nos. 56 and 57 of 1951. D/d. 23.9.1952.

Hanuman Govind, Nargundkar and another - Appellant
Versus
State of M.P. - Respondent

For the Appellant : - N.C. Chatterjee , Senior Advocate, B. Bannerjee and A.K. Datt, Advocates, Ganpati Rai, Agent, Bakshi Tek Chand, Senior Advocate, K.V. Tembay, Advocate, Rajinder Narain, Agent.
For the Respondent : - T.L. Shevde, Advocate-General of Madhya Pradesh, T.P. Nath, Advocate, P.A. Mehta, Agent.

Supreme Court of India

JUDGMENT


Mehr Chand Mahajan, J. - This is a consolidated appeal by special leave from the two orders of the High Court of Judicature at Nagpur passed on 9-3-1950 in Cri. Revns. Nos. 152 and 153 of 1949.

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by Puneet Batish · 0

12 September, 2014

Nothing on record to show that the persons before whom confession was made were persons of accused confidence - No reliance can be placed on such extra-judicial confession

SUPREME COURT OF INDIA

M.K. Mukherjee and S.P. Kurdukar, JJ.
Criminal Appeal No. 112 of 1988. D/d. 10.10.1996.

Billu and Ors - Appellants
Versus
State of Haryana - Respondent

For the Appellants :- Mr. R.K. Kohli, Sr. Advocate with Mr. S.K. Sabbarwal, Advocate.
For the Respondent :- Mr. L.K. Pandey, Mr. R. Rana, Advocates for Mr. Prem Malhotra, Advocate.

Supreme Court of India

JUDGMENT

M.K. Mukherjee, J. - The subject matter of challenge in this appeal is the judgment dated January 16, 1988 rendered by the Designated Court, Rohtak disposing of two cases, being Sessions Case No. 280 of 1986 and Arms Act Case No. 281 of 1986. By the impugned judgment the Designated Court convicted the three appellants before us under Section 302 read with Section 34 IPC (two counts) and also convicted one of them, namely, Raj Kumar under Sections 25 and 27 of the Arms Act, 1959 read with Sections 6 of Terrorist and Disruptive Activities (Prevention) Act, 1985.

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12 September, 2014 by Puneet Batish · 0

10 September, 2014

Murder - Extra judicial confession - Alleged that accused confessed having hit deceased on head and other parts - This extra judicial confession inconsistent with medical evidence - Conviction based on retracted extra judicial confession not proper

SUPREME COURT OF INDIA

Before :- K. Jayachandra Reddy and G.N. Ray, JJ.
Criminal Appeal No. 612 of 1986. D/d. 8.9.1992.

Chhittar - Appellant
Versus
State of Rajasthan - Respondent


Supreme Court of India

JUDGMENT

Heard learned counsel.
2. This is yet another case where the conviction of the sole appellant is based on the retracted extra judicial confession said to have been made by the appellant to PWs 7 and 11, nearly 20 days after the occurrence.

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10 September, 2014 by Puneet Batish · 0

07 September, 2014

Wife settled in Canada - Husband wanted to go Canada and paid Rs. 4 lakhs to uncle of wife and marriage was settled and performed - Husband was interviewed for grant of visa; however, he could not get through the interview - Cannot be held that there was cheating fraud on part of wife or her uncle

PUNJAB AND HARYANA HIGH COURT

Before :- Rakesh Kumar Garg, J. 
RSA No. 3306 of 2007. D/d. 17.03.2010.

Beant Singh - Appellants
Versus
Jaskaranjit Kaur Sandhu and others - Respondents

For the Appellant :- Mr. B.S. Bhalla, Advocate.

Punjab and Haryana High Court, Chandigarh

JUDGMENT

Rakesh Kumar Garg, J. (Oral) - This is plaintiff's second appeal challenging the judgment and decrees of the Lower Appellate Court whereby appeal filed by the defendant-respondents was accepted against the judgment and decree of the trial Court and the decree passed in favour of the appellant for recovery was set aside and suit of the plaintiff-appellant was ordered to be dismissed.

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07 September, 2014 by Puneet Batish · 0

04 September, 2014

Revision - Execution - Property - Attachment - Objection - In view of specific provision, the remedy of in case of attachment of property remedy lies in prefering an appeal over the said order

ANDHRA PRADESH HIGH COURT

Before :- Dubagunta Subrahmanyam, J.
CRP No. 4107 of 2001. D/d 31.12.2002.

Ushasri Agro Agencies (Chit funds), Khammam - Petitioner
Versus
Giridhar Auto Finance.(P) Limited, Khammam and others - Respondents

For the Petitioner :- Mr. T.Veerabhadrayya, Advocate.

Andhra Pradesh High Court

JUDGEMENT

Dubagunta Subrahmanyam, J. - This revision petition is filed under Section 115 C.P.C., against the order dated 16.7.2001 in I.A.No.466 of 1999 in I.A.No.412 of 1999 in O.S.No.45 of 1999 on the file of Senior Civil Judge at Khammam.

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04 September, 2014 by Puneet Batish · 0

Mere entry in the revenue record will not be sufficient to prove adverse possession of the defendants

PUNJAB AND HARYANA HIGH COURT

Before :- Hemant Gupta, J.
Regular Second Appeal No. 715 of 1999. D/d. 28.3.2007.

Communist Party, Ropar and others - Appellants
Versus
Sant Saran Bhalla (Dead) through his L.Rs and Others - Respondents

For the Appellants :- Mr. Sarjit Singh, Senior Advocate with Mr. Vikram Singh, Advocate.
For the Respondents :- Mr. J.R. Mittal, Senior Advocate with Mr. S.S. Salar, Advocate.

Punjab and Haryana High Court, Chandigarh

JUDGMENT

Hemant Gupta, J. - The defendants are in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court whereby suit for possession of land measuring 1 Kanal was decreed.

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by Puneet Batish · 0

Nagar Palika versus Jagat Singh, Advocate - Supreme Court 1995

SUPREME COURT OF INDIA

Before :- J.S. Verma, N.P. Singh and K. Venkataswami, JJ.
Civil Appeal No. 290 of 1991. D/d. 28.3.1995.

Nagar Palika, Jind - Appellant
Versus
Jagat Singh, Advocate - Respondent

Supreme Court of India
JUDGMENT
N.P. Singh, J. :- The Municipal Committee, Jind, has filed this appeal for setting aside the judgment of the Additional District Judge (hereinafter referred to as 'the Court of Appeal') decreeing the suit filed on behalf of the respondent, which had been dismissed by the Trial Court. The Second Appeal filed on behalf of the appellant, before the High Court was dismissed in limine. Thereafter, Special Leave Petition (Civil) No. 562 of 1987 was filed before this Court, which was permitted to be withdrawn to enable the appellant to file a Review Petition before the High Court. That Review Petition was dismissed by the High Court saying that no ground for review had been made out.

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by Puneet Batish · 0

03 September, 2014

Revenue entry does not have any presumptive value on title - But it has the value to prove possession

ALLAHABAD HIGH COURT

Before :- D.K. Seth, J.
CMWP No. 14269 of 1998. D/d. 13.5.1998.

Prashidh Singh Chaudhan and Ors. - Petitioners
Versus
Additional Judge, Small Causes Court, Varanasi and Ors. - Respondents

For the Petitioners :- Mr. R.J. Singh, Advocate.
For the Respondents :- Km. Farida Jamal, Advocate.

Allahabad High Court

JUDGMENT

D.K. Seth, J. - The opposite party Nos. 3 & 4 had filed a suit being Original Suit No. 145 of 1996 before Civil Judge, Junior Division, Chakia Varanasi. In connection with the said suit, an application for temporary injunction was filed. By an order dated 11.9.1997 temporary injunction was granted. Appeal being Civil Misc. Appeal No. 22 of 1997 was filed by the defendants. The appeal was dismissed by an order dated 20.3.1998 passed by the Additional Judge, Small Causes Court. These are the orders under challenge.

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03 September, 2014 by Puneet Batish · 0

31 August, 2014

Accused residing in Canada before registration of FIR - No attempt made to serve in Canada - Accused cannot be declared proclaimed offender

PUNJAB AND HARYANA HIGH COURT

Before :- Mrs. Sabina, J.
Crl. Misc. No. M-1513 of 2009. D/d. 25.05.2009.

Mehar Singh & Anr. - Petitioners
Versus
State of Punjab - Respondent

For the Petitioners :- Manu K. Bhandari, Advocate.
For the Respondent :- Amandeep Singh Rai, AAG, Punjab.

Punjab and Haryana High Court, Chandigarh

ORDER


Mrs. Sabina, J. - The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure ("Cr.P.C. for short) for setting aside order dated 7-10-2008 (Annexure P-10) passed by the Chief Judicial Magistrate, Fatehgarh Sahib, whereby they have been declared proclaimed offenders.

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31 August, 2014 by Puneet Batish · 0

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