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Query: My Counsel failed to produce certain important documents at the time of filing written statement can, I produce the same after the issues have been framed now.

Reply: Production of additional documents not filed along with the written statement is against Order 8, Rule 1A(3) CPC which states that a document which is not produced at the time of filing written statement, shall not be received in evidence except with the leave of the court. This leaves can be granted by the…
Query: I filed civil suit for permanent injunction to restrain defendants from interfering into my peaceful possession of shop question taken on rent from defendant. I moved an application under Order 39 Rule 1 and 2 CPC wherein trial court directed parties to maintain status quo regarding possession of shop. During pendency of suit, defendant installed a lock on the shutter of my shop in violation of status quo order. Can I get police help in getting my possession restored back in view of the order of status quo.

Reply: The trial court directed both the parties to maintain status quo regarding possession. In these circumstances, in this case you alleged that you have been dispossessed from the premises in question, it would be expected of you to lead cogent and convincing evidence to establish your possession. In case of violation of interim injunction,…
Query: My Passport is not being issued by the passport authorities due to pendency of FIR and Criminal Trial in District Court in Punjab. Can I get my passport issued?

Advice: In a recent judgment pronounced by the Honourable High Court of Punjab and Haryana, it has been reiterated that an accused is presumed to be innocent until convicted. Still further the rights of an accused does not automatically get suspended merely because he is being prosecuted in a criminal case. Still further, right to…
Question: Can the High Court appoint Suo Motu arbitrator in the contractual dispute ?

Answer: Where in the agreement entered into between both the parties, there is a mechanism to settle the dispute arising between the parties by the arbitration in accordance with the Rules of Arbitration or when the parties have agreed upon the procedure for appointment of arbitrator, ignoring the same, the High Court cannot appoint arbitrator…
2. Question: I am a senior citizen having my own built up house at Chandigarh wherein my son and daughter-in-law have occupied its portion. They are not vacating the premises and harassing us. Being senior citizens, we wants to evict them from our house. What are our legal rights ?

Answer: Section 22 of Maintenance and Welfare of Parents and Senior Citizens Act permits the eviction of the house property from the daughter-in-law/son as they have no right to claim residence over self acquired property of her father/mother-in-law. As per settled law, daughter-in-law has no right to claim a right of residence over the self…
Future grant of stays in all civil or criminal matters to expire in six months

In all court cases, where stays are granted in future, the same will expire in 6 months from the date of such order unless similar extension is granted by passing a speaking order. The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having…
Does the payment of 20% of the amount of the cheque as per amendment in the Negotiable Instruments Act, 1881 under Section 143 A applicable to cases pending prior to the amendment also ?

Section 148 of the Negotiable Instruments Act was also inserted in the Amended Act on September 1, 2018, with prospective effect. However, appellate courts in several cases directed the accused persons to deposit 20% of the cheque/compensation amount, treating the said provision retrospective in nature. Consequently, several accused approached the higher courts throughout the country.…
I am a co-owner in possession to the extent of 3/4th share in a property situated in village in Punjab. My brothers are co-owners to the extent of 1/4th share. Can I seek the grant of injunction from the competent court of law restraining my brothers against alienating the suit property to the extent of more than their share as they are changing the nature of the suit property by raising construction illegally and forcibly.

Free Civil Advice.There is a Division Bench judgment of Punjab and Haryana High Court titled as Bachan Singh Vs Swarn Singh, 2000(3) RCR (Civil) 70 in which it has been held that co-sharer in exclusive possession of the joint property has a right to enjoy and reap the fruits of the property even by raising…
My wife has registered an FIR under section 498-A and 406 of the IPC in districts Sangrur against me. Can I get an anticipatory bail in the matter?

cases of 498a/406 The sole consideration for the grant of bail in such like matters is to recover dowry articles (Istridhan) and joining of investigation before the Investigating Officer (IO). Once that is done, the grant of anticipatory bail can be availed of by you and the courts will be gracious enough to grant you…
Insurance claim has been denied to my relative on the ground that Insured did not disclose in the Medical Performa that he was suffering from Type-II /Diabetes Mellitus. Shortly, thereafter within months, the death of the Insured took place and the reason for death was diagnosed as ‘cardiac shock’. Will the legal heirs of deceased will succeed in getting insurance claim

The only reason to repudiate the insurance is that the insured did not disclose in the medical Performa that he was suffering from Type-II /Diabetes Mellitus. As the cause of death is ‘cardiac shock’ and the death has not occurred due to the well-known factual conditions in diabetics, therefore the reputation of insurance contract is…

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