Judicial Impropriety – Pendency of Petition – Section 156(3) Cr.P.C. – Application by Magistrate during pendency of petition under Section 482 Cr.P.C. before High Court – Held, absence of any such infirmity – Magistrate's power under Section 156(3) Cr.P.C. is a statutory power – Order by Magistrate not an act of judicial impropriety [Paras 1-30].
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Removal of Sarpanch – Jurisdiction of Deputy Commissioner – Petitioner challenged his removal from the post of Sarpanch by the Deputy Commissioner under Section 51(3)(b) and 51(3)(c) of the Haryana Panchayati Raj Act, 1994 – Held, Section 51 enables the Director or Deputy Commissioner to order removal after an inquiry on specified grounds, while Section 176 deals with the determi...
Impleading Necessary Parties – Application to Sell Minors' Property – Petitioners, maternal grandmother and uncles, sought permission to sell minors’ property, impleading only the General Public as respondent – Trial Court ordered impleading of natural father and grandparents – Held, natural father and grandparents are necessary parties for proper adjudication &nd...
Tribunal Procedure – Cross-Examination Requirement – Petitioner's appeal involved procedural deficiencies where the Tribunal recorded witness statements without cross-examination – Tribunal decided based on witness statements given in examination-in-chief without cross-examination – Court held that summary procedure under Section 8 of the 2007 Act should not cause preju...
Property Rights – Ownership of Common Land – Petitioners challenged their suspension under Section 20 of the Punjab Panchayati Raj Act, 1994 – Questioned divestment of ownership rights over land reserved for common purposes during consolidation – Held, Section 42A of the 1948 Act does not divest proprietors of ownership – Control and management vest in Gram Panchayat ...
Parole – Denial of Parole – Petitioner convicted under Sections 120-B, 302, 34, 109, and 115 IPC – Denied parole based on past conduct where she absconded during emergency parole and was arrested with fake documents at Nepal border – District Magistrate's decision upheld due to risk of evading legal process and escaping the country – Previous misuse of parole cons...
Criminal Procedure - Condonation of Delay - Medical Grounds - Petition against dismissal of revision petition for 54/55-day delay - Petitioner claimed delay due to illness, but no supporting documents were submitted - Trial court dismissed revision on technical grounds without hearing merits - Held, delay condoned - Revision petition restored for disposal on merits - Petition allowed. [Para 12]
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Negotiable Instruments - Cheque Bounce - Acquittal - Appeal against acquittal under Section 138 of the Negotiable Instruments Act - Trial court held that complainant failed to prove the cheque was issued in discharge of legally enforceable debt - Presumption under Section 139 rebuttable - Accused raised a probable defense - Appeal dismissed. [Paras 9-11]
Presumption and Burden of Proo...
Criminal Law - Bail Cancellation - Non-Appearance of Counsel - Petitioners' bail bonds cancelled and arrest warrants issued due to counsel's failure to appear - Petitioners claimed non-appearance was due to wrongly noted hearing date - Held, purpose of issuing summons, warrants, etc., is to ensure presence of accused for trial - Petitioners' willingness to appear and join proceedings n...
Criminal Law - Sentencing - Reduction of Sentence - Petitioner convicted under Section 14(1A) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Sentenced to 8 months rigorous imprisonment and fine of Rs. 6,000/- by Chief Judicial Magistrate - Sentence reduced to 6 months on appeal - Revision petition seeks further reduction due to protracted trial and personal circumst...