JACaselaw

IMPORTANT CASE LAW

►	Important judgment relating to provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015
►	Importance of questioning the accused under Section 313 of Cr.P.C.
►	Directions passed in Civil Appeal No. 9322/2022 titled Gohar Mohammad versus Uttar Pradesh State Road Transport Corporation & Ors; MA No. 825/2023 in Civil Appeal No. 9322/2022 Directions passed in Civil Appeal No. 9322/2022 titled Gohar Mohammad versus Uttar Pradesh State Road Transport Corporation & Ors; MA No. 825/2023 in Civil Appeal No. 9322/2022: Instructions thereof.
►	The Plaintiff sought declaration that the suit land is owned and possessed by her and she is entitled to operate and receive accounts of her deceased father, being his natural heir. In addition, relief of declaration is sought that will qua estate of her deceased father in favour of defendants is forged and fabricated. The issue remain that whether plaintiff is required to affix court fee on amount claimed in the account of her father or valuation of suit as per relief of declaration and consequential relief of injunction is correct and whether plaint is liable to be rejected. It was held that in fact, relief prayed by plaintiff practically flow out from declaration sought by her in respect of will allegedly executed by her late father. Plaintiff has not prayed for decree of possession. She has prayed for consequential relief of permanent injunction and also for joint possession in alternative. As such, the court fee affixed as per valuation of suit is correct and plaint can not be rejected on the said ground.
►	Final decree proceeding can be initiated at any point of time in partition suit and once preliminary decree is passed by the trial court, court should proceed with case for drawing up final decree suo-moto.
►	The role of Public Prosecutor is to conduct fair prosecution and working of Prosecutors has to be free from any executive or political interference-No Public Prosecutor, Assistant District Attorney and District Attorney shall be transferred on the basis of D.O. Note-All Public Prosecutors inducted in service over the last 15 years to undergo refresher course laying emphasis on ethics, morality and conduct expected of a Public Prosecutor in H.P. Judicial Academy
►	The use of reasoning/language in bail orders/ verdicts which diminishes the offence to trivialize the survivor is to be avoided-Directions issued to display sensitivity in the judicial approach, language and reasoning adopted by judge in bail orders/verdicts and to desist from expressing any stereotype opinion.
►	Time barred charge sheets– Duty of Magistrate and procedure of taking cognizance.
►	Polygraph Test– Permissibility.
►	Narcotic Drugs and Psychotropic Substances Act- Small and Commercial quantity determination- complete mixture is to be taken into account in determining the quantity- Notification dated 18.11.2009 issued by th Department of Revenue, Ministry of Finance, Government of India- Validity upheld – Decision in the case of E. Micheal Raj V. Intelligence Officers, Narcotic Control Bureau (2008) 5 SCC 161, overruled.
►	Plea of adverse possession can be taken as sword….
►	Competence of Judicial Magistrate to direct accused to give his voice sample for comparison.
►	Motor Accidents claims: Permanent disability: Assessment of compensation
►	Hindu Law: Ancestral property: Karta’s power of alienation.
►	Powers of Appellate Courts u/s 389 Cr. P.C. read with Section 148 of Negotiable Instruments Act as amended vide Amendment Act of 2018 to suspend sentence.
►	No new appointments to be made from In-Service candidates against Bar Quota to District Judge Post: SC
►	SC Upholds Constitutionality Of Section 23 Of PCPNDT Act, Complete Contents Of Form 'F' Mandatory [Read Judgment]
►	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 Motor Accident Claim
►	Important Judgment on 138
►	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