Advocate Satinderpal Singh khinda

21/06/2025

19/06/2025

*Permanent Alimony--Void Marriage*--Spouse of a marriage declared as void is entitled to claim permanent alimony and maintenance from the other spouse
*Punjab & Haryana High Court*

19/06/2025

*Ex*****on of Decree--Decree of Permanent Injunction*
No Limitation Period Applicable

*Ex*****on of Decree--Willful Disobedience*--Civil Imprisonment--Burden of Proof lies upon the DH to prove willful disobedience of permanent injunction by JD--However, before passing an order JD has to be given opportunity of hearing
*Supreme Court*

16/10/2022

Order VIII Rule 6A CPC - No Bar In Taking On Record A Counter Claim Filed Long After Filing Of Written Statement But Before Framing Of Issues: Supreme Court

16/10/2022

Accident--Proof of Accident--Suggestions put to the claimant as well as author of the FIR, makes it clear that driver of the offending vehicle is facing trial for rash and negligent driving qua the accident in question--Therefore, claim petition could not be dismissed merely in the absence of FIR having been proved on record.; 2022(3) Law Herald (P&H) 2326

Agreement to Sell--Readiness and Willingness--Once the seller has denied the ex*****on of agreement then he would not be able to raise plea of readiness and willingness on part of buyer; 2022(3) Law Herald (P&H) 2245

Bail--Delay in taking up main Appeal or Revision--This factor coupled among other factors ought to be considered for a favourable release on bail; 2022(3) Law Herald (SC) 2147

Bail-- Government to consider the introduction of a separate enactment in the nature of a Bail Act so as to streamline the grant of bails; 2022(3) Law Herald (SC) 2147

Bail--Grant of--Certain directions for the investigating agencies and also for the Courts, which may be subject to State amendments, issued; 2022(3) Law Herald (SC) 2147

DNA Test--Suit for Ownership--Defendants filed an application for conducting of DNA Test of plaintiff for ascertaining the parentage of plaintiff-- Defendant cannot compel the plaintiff to adduce evidence in support of the case set-up by the defendant--Application dismissed; 2022(3) Law Herald (P&H) 2293

09/06/2021

Consumer - Home buyers - Proceedings under Consumer Act is maintainable even after commencement of RERA. (S.C.)

Default bail - Where accused has already applied for default bail, prosecutor cannot defeat enforcement of his indefeasible right by subsequently filing a final report, additional complaint or report seeking extension of time. (S.C.)

Entrust of ornaments by wife to husband - Return of ornaments after dissolution of marriage - A trust is created when there is entrustment of ornaments - Trustee or trustees, are liable to return the same and there is no limitation for claiming the same by wife/divorced wife. (Kerala)

Rejection of plaint - There is no provision or concept of partial rejection of plaint - Plaint can either be rejected as a whole or not at all. (J&K)

Sale deed - Vendor or vendee can purchase stamp paper. (Allahabad)

05/06/2021

Bail - Contraband - When quantity is less than commercial, rigors of S.37 of NDPS Act will not attract and factors become similar to bail petitioners under regular statutes. (H.P.)

Dishonour of cheque - No requirement to implead sole proprietary concern as an accused. (Allahabad)

Mutation - On basis of Will - Revenue authorities have no jurisdiction to decide rights of parties on basis of Will - If a beneficiary wants to claim his title on basis of Will, then he has to establish his title before Court of competent jurisdiction. (M.P.)

Release of recovered assets - If assets are confiscated and accused is acquitted, Court has power to release recovered assets in favour of accused. (Delhi)

Transfer by one co-owner - Outsider who has purchased share of co-sharer in an undivided estate can seek possession of his share only through partition by amicable mutual settlement by metes and bounds or through a decree of Court. (Allahabad)
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05/06/2021

Cheating - Compromise in civil Court - After availing benefit of said compromise, complainant cannot go back and reagitate the matter before another forum. (Madras)

Defence evidence - Accused permitted to examine a private hand writing expert as a witness in his defence. (P&H)

Kidnapping - Enticement need not be direct to immediate in time and can also be through subtle actions like winning over affection of a minor girl. (S.C.)

Maintenance to wife u/s 125 Cr.P.C. - Expression `unable to maintain herself' does not mean that wife must be absolutely destitute before she can apply for maintenance. (Delhi)

Secondary evidence - Defendant failed to establish the conditions for exercise of powers u/s 65 of the Act - Application dismissed. (Rajasthan)
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23/01/2021

Criminal trial - Inconsistency between dying declaration, medico-legal report and post mortem report - Cross examination of doctor exposits contradictions as to whether injury in question was sufficient to cause death in normal course of nature - Benefit of doubt of ambiguity and contradictions must go to appellant. (S.C).........................................
Dishonour of cheque - Two cheques - Cheque Dated 30.06.2006 bears the number 371798 whereas second cheque dated 25.07.2006 bears the number 371797 - Accused admitted in the reply notice of issuance of two cheques - Complainant cannot be attributed any role in the drawing and issuance of said cheques. (Madras) .................................................
Insurance claim - Theft of motor vehicle - FIR lodged immediately - Delay in intimating to Insurance company - Mere delay in intimating insurance company about theft cannot be a ground to deny the claim of insured. (S.C.) ..................................................

Public document - Report of bailiff on summons - Not public document. .............................................

Statement u/s 161 Cr.P.C. as dying declaration - Condition of injured was serious - Blood pressure was not recordable - Without getting opinion of doctor that patient was in a fit condition for making statement his statement should not have been recorded - Dying declaration does not meet the test of a verifiable dying declaration.