Court : Punjab and Haryana
Decided on : Jul-31-1989
Reported in : I(1990)DMC194
..... the matrimonial relations. that finding is not helpful to the petitioner herein. dismissal of the said petition by the district court is not that relevant in an application under section 125, code of criminal procedure. the petitioner may still be neglecting or refusing to maintain his wife and at the same time, may be having no intention to end the matrimonial relationship. i do ..... ujagar singh, j.1. in this case, smt. gurdip kaur wife of sital singh alias sital dass and balwinder singh minor son of sital singh, filed an application under section 125, code of criminal procedure. after recording evidence, the trial court dismissed the application on behalf of smt. gurdip kaur, but granted an amount of rs. 100 p.m. in favour of balwinder singh minor ..... -petitioner, vide order dated 26-9-1984. gurdip kaur and balwinder singh filed criminal revision before the court of sessions and that court, vide order dated 9-7-1985, while ..... . as maintenance.2. the revision-petitioner has challenged the said order of the additional sessions judge, only on the ground that smt. gurdip kaur had earlier filed a petition under section 13 of the hindu marriage act for dissolution of marriage by a decree of divorce which was dismissed. the learned counsel has shown me a copy of the judgment a .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-10-1989
Reported in : I(1990)DMC343; (1990)97PLR21
..... her father karnail singh.5. learned counsel for the petitioners made two submissions. he contended that the complaint in question was barred by limitation under section 468 of the code of criminal procedure (hereinafter referred to as the code). the magistrate had no jurisdiction to take cognizance of the offence and the complaint deserved to be quashed on this ground. the other submission is that the ..... fixed connotation or a static import and it is therefore difficult to define them in a strait jacket. their lordship recalled the observations in state of bihar v. deokaran nenshi, (1973) 1 scr 1004 and extracted the following passage :'a continuing offence is one which is susceptible of continuance and is distinguishable from the one which is committed once and for ..... with the provisions of the act was a continuing offence. it was laid down that whether an offence was a continuing offence or not is to be determined by taking into consideration the language of the statute, the nature of the offence and the purpose intended to be achieved in creating the offence. this conclusion finds support from the definition of ..... 's case (supra), it was not disputed before the learned judge that limitation in the case of an offence under section 406, indian penal code was three years. in the supreme court case as well, this question was never raised or gone into. it is settled law that rulings cited as precedents have not to be read as statutes.10. learned counsel for .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-18-1989
Reported in : (1990)97PLR148
..... on the record to the effect that the order of hon'ble ujagar singh j. to the effect that the criminal miscellaneous challenging the order of the sub-divisional magistrate, appointing a receiver in the proceedings under section 145, code of criminal procedure, be decided along with the application for the appointment of receiver, was not taken note of. it is ..... further contended that connected civil miscellaneous viz for vacation of the stay order in the criminal miscellaneous for quashing the proceedings under section 145, cr. p. ..... should be taken note of and rather should be confirmed as the order for appointment of a receiver by a criminal court being an interlocutory order, cannot be interfered with in exercise of revisional jurisdiction under section 482 of the code of criminal procedure resultantly, the civil court is left with no alternative except to confirm the order of the ..... criminal court for appointment off the receiver. in support of his submission learned counsel for the applicant relies1 on smt. soma alias .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-07-1989
Reported in : (1990)97PLR398
..... s.s. grewal, j.1. this petition under section 482 of the code of criminal procedure, 1973 (hereinafter referred to as 'the code') relates to setting aside of quashment of order passed by the additional sessions judge, patiala, dated 18 -2-198 3, annexure p-l as well as the order passed by sub divisional judicial magistrate, rajpura, dated 2-9-1987, annexure p-2.2. brief facts ..... there was no satisfactory evidence to conclude that the land in dispute had been sold for raising construction for residential, commercial, industrial or any other building purposes as mentioned in section 2(c) of the act.9 for the foregoing reasons, i am of the considered view that the orders passed by both the courts below cannot be said to be ..... given to the vendees would not be sufficient to hold that the land in dispute has been sold mainly for residential, commercial, industrial or other building purposes as contemplated under section 2(c) of the act it is also pertinent to note that even though the complaint, in the instant case, was filed in the year 1984 re. after more than ..... his land and sold them to 20 persons during the period 6th january, 1981 to 24th january, 1982 through registered sale deeds in contravention of the provisions of section 8(1) punishable under section 11 (1) of the punjab regulation of colonies act, 1975 (hereinafter referred to as 'the act').3. mrs. bhatia, appearing on behalf of the state contended that since .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-21-1989
Reported in : (1990)97PLR569
orders.s. grewal, j.1. this petition under section 482 of the code of criminal procedure 1973 (hereinafter referred to as the code) relates to quashment of impugned order dated 12th of august, 1988 passed by the sub divisional magistrate, garhsbankar under section 133 of the code, (annexure p1) as well as the impugned order passed in revision by additional sessions judge, hoshiarpur dated 14th of ..... this case are that malkiat chand and others filed an application under section 133 of the code against the present petitioners that the latter had caused obstruction in the passage leading to their house and prayed for the removal of the said obstruction. the sub divisional magistrate garhshankar secured the presence of the opposite party which filed written statement. ..... the learned sub divisional magistrate, vide impugned order annexure p1 made his preliminary ..... obstruction on the public place was allowed to stand without objection for more than two years, there was no need for the sub divisional magistrate to proceed under section 133 of the code. rather it would be for the present respondents to get the rights concerning alleged illegal encroachment over the public place adjudicated by the civil court .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-13-1989
Reported in : I(1990)DMC298
..... brief, the facts relevant for the disposal of this petition, are, that kashmir kaur claimed maintenance under section 125 of the code of criminal procedure from her husband mohinder pal ..... the trial court admitted that she bad not signed the petition under section 125 cr.p.c., nor, she has appended her signatures on the power of attorney filed in this case. no objection regarding the maintainability of the petition was raised either ..... record, to prove the allegations of adultery levelled against the wife by the husband. the latter has thus failed to prove these allegations affirmatively, and this itself would constitute sufficient cause for the wife to live separately from her husband.6. faced with this situation, it was submitted on behalf of the petitioner-husband that the wife in her statement before ..... s.s. grewal, j.1. this criminal misc. petition is directed against the order of additional sessions judge, jalandhar, dated 13-6-1988, whereby, the order of the judicial magistrate 1st class nawan shahr dated 25-2-1987 granting maintenance to kashmir kaur to the tune of rs. 200/- per month from the date of application, was upheld.2. in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-21-1989
Reported in : I(1990)DMC139
..... period of limitation for a suit to recover the debt shall be suspended while the administration continues.'section 468 of the criminal procedure code, 1973.468(1). except as otherwise provided elsewhere in this code, no court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation. (2) the period of limitation shall be ( ..... complaint. this court has consistently held in smt. manna v. state of haryana, 1987 (1) recent criminal reports 219 and shori lal and others v. smt. nisha and another, 1989 (1) recent criminal reports 276 that no case under section 405 or section 406, indian penal code, is made out against the petitioner where the allegations regarding entrustment of articles are vague. relevant observations ..... , -1988, filing of complaint annexure p. 1 on 3rd august, 1985 and the making of the summoning order dated 29th may, 1986 therein by the learned additional chief judicial magistrate, gurdaspur, are both obviously an abuse of the process of the court and, therefore, deserve to be quashed on this score as well.9. for the reasons given above ..... , criminal misc. filed by the petitioner-husband succeeds and is allowed. complaint annexure p-l and the proceedings pending against the petitioner before the learned addl. chief judicial magistrate, gurdaspur, on its basis are both quashed. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-31-1989
Reported in : 1989CriLJ1309
..... been pleaded 'that the appointment of a police officer as director of prosecution does not violate in any way the spirit of the scheme as laid down in section 25 of the code of criminal procedure, 1973, as the officer, so appointed as head of the prosecuting agency is not under the control of the police department. an officer from the ips cadre when appointed ..... state is not such a mouthpiece for his client the state, to say what it wants or his tool to do what the state directs. he owes allegiance to higher cause. he must not consciously misstate the facts, nor knowingly conceal truth. despite his undoubted duty to his client, the state, he must sometimes, disregard his client's most specific instructions ..... singh kundu a practising advocate of this court. at the very outset, we must bring on record our appreciation for mr. kundu for having done a commendable service to the cause of the administration of justice in the state of haryana.2. the short grievance of the petitioner, as projected in this petition, is against the appointment of a police officer ..... prosecutor is available for the purposes of any particular case, the district magistrate may appoint any other person to be the assistant public prosecutor in charge of that case:provided that a police officer shall not be so appointed -(a) if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-05-1989
Reported in : 1989CriLJ1866
..... larger bench:whether the judicial magistrate can restore the execution application of an order passed under section 125 of the code which was dismissed in default of non-appearance of the petitioner on sufficient cause being shown.2. the facts of the case, in brief, are as under:smt. kamla devi filed an application under section 125 of the code of criminal procedure for the grant of maintenance ..... statute liable to punishment; the respondent is not to be treated as an offender, the petition under section 125 of the new code is not a complaint and no preliminary inquiry is to be held before the issue of a process in pursuance thereof. unlike a criminal trial, here the court can proceed against the respondent ex-parte due to his non-appearance and ..... thereunder, the said section does not prescribe its contents or any formal mode of presentation, the same is not to be verified as a formal civil pleadings. consequently, neither the code of civil procedure or the principles thereunder could in any way be attracted nor the strict rules of civil law with evidence beyond pleadings should be ignored can come into play. the question .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-30-1989
Reported in : 1990CriLJ2662; (1990)97PLR383
..... the second complaint filed against the petitioner could not proceed in view of the provisions of article 20(3) of the constitution and section 300 of the code of criminal procedure. the farther contention is that the order of the magistrate dropping the proceedings at the final stage i.e. after framing of the charge amounts to discharge of the accused which further ..... -4. qa the same day, he framed fresh charge against the petitioner. the petitioner sadhu ram filed the present petition under section 482 of the code of criminal procedure for quashing the proceedings pending in the court of the chief judicial magistrate, rohtak.2. after hearing the arguments cf counsel for the parties, the following question of law was noticed and the matter ..... , 1986 passed by the chief judicial magistrate copy annexure p 2. thus, filing of the second complaint incorporating particulars of the report of the director central food laboratory against the petitioner was not barred. further more, its trial; was also not barred. the bar as provided under the constitution or code of criminal procedure, comes into play only when in one of the ..... cases the accused is either acquitted or convicted.5. the learned counsel appearing on behalf of the state argued that the order passed by 'the chief judicial magistrate declining re- quest of the petitioner ' to drop ; the present .....
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