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Wednesday, March 31, 2010

Kishan Singh v. Arun Kumar
2009(3) LAW HERALD (P&H) 2516
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
Regular Second Appeal No.2218 of 2007
Kishan Singh & Anr.
v.
Arun Kumar & Ors.
{Decided on 14/07/2009}
For the Appellant: Mr. M.S. Rai, Advocate.
Specific Relief Act, 1963--Agreement to sell--Alternative Relief--Concurrent findings--Legal and valid agreement to sell was executed in favour of plaintiff by defendant in respect of land in dispute--Earnest money was received--Agreement to sell not result of fraud--Plaintiff always remained ready and willing to perform his part of contract--Plaintiff held entitled to alternative relief with interest at rate of 9 % per annum from date of institution of suit till date of decree and @ 6% p.a. from date of decree till realization--No interference. (P.10)

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Harbhajan Singh & Anr. v. State of Punjab & Anr.
2009(3) LAW HERALD (P&H) 2518 (SC)
IN THE SUPREME COURT OF INDIA
Before
The Hon’ble Mr. Justice S.B. Sinha
The Hon’ble Mr. Justice Cyriac Joseph
Criminal Appeal No. 1351 of 2009 (Arising out of SLP (Crl.) No.3002 of 2008
Harbhajan Singh & Anr.
v.
State of Punjab & Anr.
{Decided on 29/07/2009}
IMPORTANT POINT
Summoning as additional accused--Only because no charge-sheet has been submitted against certain persons, the same by itself, would not be a sufficient ground for the court at a later stage, to decline to exercise its jurisdiction to add other persons as accused.
(A) Criminal Procedure Code, 1973, S.319--Penal Code, 1860,S.306, 509, 456 and 120-B--Abetment to Suicide--Summoning as additional accused--Suicide by a girl as she was threatened of being blackmailed because of some obscene photographs of hers would be shown to others--Deceased had refused to marry accused--Accused sent nude photos of deceased to her husband--She thereafter committed suicide by consuming `sulphos' tablets--In dying declaration deceased stated that accused, his sister and brother-in-law had threatened to defame her--Sister and her husband rightly summoned as additional accused. (P.4, 5 & 9)
(B) Criminal Procedure Code, 1973, S.319--Summoning as additional accused--Only because no charge-sheet has been submitted against certain persons, the same by itself, would not be a sufficient ground for the court at a later stage, namely, upon consideration of the evidence adduced before it by the prosecution to decline to exercise its jurisdiction to add other persons as accused for trying them for offences which appear to it to have been committed by them. (P.9)
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Baljit Singh & Anr. v. Satnam Singh & Ors.
2009(3) LAW HERALD (P&H) 2522
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
Regular Second Appeal No.1755 of 2008
Baljit Singh & Anr.
v.
Satnam Singh & Ors.
{Decided on 14/07/2009}
For the Appellant: Mr. K.S. Rekhi, Advocate.
For the Respondent: Mr. B.R. Mahajan, Advocate.
Civil Procedure Code, 1908, O.39, R 1 & 2--Injuction--Permanent Injunction--Vendor recorded as co-owner of suit land to extent of ½ share--She was neither exclusive owner nor in exclusive possession of land in dispute--She could not deliver same in favour of plaintiff vendee--Plaintiff not in exclusive possession of suit land--Plaintiff not entitled to decree of permanent injunction. (P.11)
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