IMPORTANT CASE LAW

  

Important Judgment regarding Bail.

  

The wife, who holds land separately in her own right, is not entitled to be treated as an individual person for the purpose of determining the permissible area available to her, but she has to be counted with her husband for the purpose of family under section 4 of Himachal Pradesh Ceiling on Land Holdings Act, 1972.

  

Jurisdiction in cases of offence punishable under Section 138 of Negotiable Instruments Act.

  

Important Judgment of Hon’ble High Court of H.P. on Felling of Tree.

  

Important Judgment of Hon’ble High Court of H.P. on Animal Sacrifice.

  

Important Judgment of Hon’ble High Court of H.P. on  MACT Cases.

  

Important Case Law in  Dishonour of Cheque at par under Negotiable Instruments Act, 1881

  

Important Case Law in Dishonour of Cheque-Territorial Jurisdiction– concerning criminal complaints filed under Chapter XVII  of Negotiable Instruments Act, 1881.

  

Guidelines regarding arrest and bail in dowry cases.

  

Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation, if the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.

  

The word ‘evidence’ in Section 319 Cr. P.C. has to be broadly understood and not literally i.e. as evidence brought during a trial. Person not named in the FIR or a person though named in the FIR but has not  been chargesheeted or a person who has been discharged can be summoned under Section 319 Cr. P.C. provided from the  evidence it appears that such person can be tried along with the accused already facing trial. However, in so far as an accused who has been discharged is concerned the requirement of Section 300 and 398 Cr.P.C. has to be complied with before he can be summoned afresh.

  

Adoption under JJ Act.

  

For the purpose of computing the period u/s 468 of Cr.PC the relevant date is filing of complaint or institution of prosecution and not the date of cognizance.

  

Important Case Law in Motor Accident Claim

  

Important Judgment on 138

  

Property belongs to minor cannot be disposed of without the previous permission of the Court.

  

Latest Judgment of Hon’ble Supreme Court of India on the use of beacons red- light and sirens

  

Case Law on furnishing of surety bond.

  

Handling of cases of sexual assault by  State Authorities

  

Case Law on NDPS Act etc.

  

Directions on garbage disposal

  

Vehicle Tracking System mandatory for all commercial vehicles

  

Action against I.O. and Doctor

  

Granting adjournments in Sessions Cases

  

Compliance of section 42 N.D.P.S. Act

  

Exoneration in the departmental proceedings - Effect on Criminal Trial.

  

Rounding - Off the marks not permissible.

  

Dishonour of cheque……..

  

Rarest of the rare case

  

Prohibition on black film in window panes of vehicles

  

Conduct of Judicial Officer

  

Validity of Permanent Lok Adalats

  

Infamous Drunken BMW driving -  Sanjeev Nanda Case

  

Custodial violence- Grant of compensation to the victim                                                 

  

Select list- Appointments beyond the posts advertised- validity

  

Judicial Ethics and Conduct of Judicial Officers

               Himachal Pradesh Judicial Academy                     

                                                                                 Ghandal, Shimla-171011

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