Adv Amzi Arthur John

13/12/2023

21/08/2022

Lumpy Virus is at its peak! Mothers Cows are suffering more. Need to tackle it with best possible treatment swiftly by JMC! After one mother cow treatment JMC is busy in uploading pic of one mother cow in every social media platforms. Meanwhile others are dying! This carelessness will not deliver any good thing in society!

Rahul Yadav JMC commissioner will be accountable for sure! I pray to Supreme Soul to save mother cows from deadly virus! Jai Hind🇮🇳

20/08/2022

"The J&K government set up a 12-member high powered committee for revival and restoration of architectural heritage, including temples and shrines in the Union Territory."

In a press Conference where I spoke up for the restoration of demolished temples in Kashmir. Our fight to restore the glory of Hinduism in Kashmir fulfilled 30% by observing such action taken by government is the initiation of the restoration of glory of Hinduism in Kashmir where we got successful by putting pressure on Central Government.

Still new more press conferences on the way to restore the glory of Hinduism in Kashmir completely and successfully.

~Adv.Amzi Arthur John
(President Legal Cell Ikkjutt Jammu Party)

19/08/2022

इस जन्माष्टमी में श्री कृष्ण से यही प्रार्थना है की राजू श्रीवास्तव जी को भगवान स्वास्थ भरा जीवन दें।

02/08/2022

Case Title : Sri Akhil Das v State of Tripura

The Tripura High Court recently while dealing with an appeal relating to offences under Section 498A /302/109 of the IPC observed that merely because the husband was present along with the child in the hut with the deceased wife in a hanging position cannot mean that the husband killed the wife.

01/08/2022

Ravi Chandran Vs. Union of India (2010) 1 SCC 174 and Nithya Anand Raghawan Vs. State (NCT of Delhi) & Anr. (2017) 8 SCC 454. (Para 9)

The Supreme Court observed that the question of 'what is the wish/desire' of the child is different and distinct from the question 'what would be the best interest of the child'.

"The question 'what is the wish/desire of the child' can be ascertained through interaction, but then, the question as to 'what would be the best interest of the child' is a matter to be decided by the court taking into account all the relevant circumstances", the bench comprising Justices AM Khanwilkar and CT Ravikumar observed.

30/07/2022

CASE TITLE: SMT. POONAM BHANOT v. VIRENDER SHARMA & ORS.

Citation: 2022 LiveLaw (Del) 721

The Delhi High Court has held that the Court has the authority to give necessary directions under Order 18 Rule 1 CPC on the procedural aspect as regards which party will lead evidence first. The bench further noted that correction of a procedural order was an inherent power of the court and may be corrected ex debito justitiae to prevent the abuse of its process.

28/07/2022

Case Title: Ram Mehar Versus Haryana Vidyut Prasaran Nigam Limited (HVPNL) and others!

Punjab and Haryana High Court recently allowed relief to the ex-employee of Haryana Vidyut Prasaran Nigam Limited, who retired from service after attaining the age of superannuation but his pensionary benefits were withheld by the respondents.

27/07/2022

Case Title : Anil Dhir and another v. State of Punjab and Another

The Punjab and Haryana High Court recently held that the service of notice upon the accused in cheque dishonour case cannot be denied in light of Section 27 of the General Clauses Act, which provides a presumption in favour of the complainant that the notice had been delivered.

The bench comprising Justice Jasjit Singh Bedi was dealing with a revision petition against the judgment passed by the Additional Sessions Judge, Ludhiana dismissing petitioner's appeal and upholding the judgment of conviction by the Judicial Magistrate.

The Petitioner was said to have dishonoured a cheque issued allegedly to discharge its liability against goods purchased from the complainant. He on the other hand claimed that the cheque in question had not been issued in order to discharge any legal enforceable liability towards the complainant and that the same was misused. He alleged that no goods were received by him and that the complainant had forged the cheque. It was further alleged that no statutory notice was served upon him.

The trial court, while convicting the Petitioner, held that as per provisions of the General Clauses Act, there was a presumption that once the notice had been sent vide a registered post to the address of the petitioners-accused, it was deemed to have been served. The appeal was also dismissed.

In revision, the High Court observed,

" Firstly, the service of the notice upon the accused cannot be denied in the light of Section 27 of the General Clauses Act, as per which, a presumption is raised in favour of the complainant that the notice had, in fact, been delivered. The arguments that certain documents had been forged and fabricated is absolutely incorrect. Had that been the case, the accused would have certainly filed a criminal complaint in that regard. No effort has been made to examine any expert either."
Further, the court noted that the petitioner has not denied his signatures upon the cheque. His stand is only that the cheque, in question, had not been issued in the discharge of any legally enforceable debt and the same had been misused. In fact, he states that no goods had been received by him.

The court noted that there is absolutely no infirmity in the judgment of conviction passed by the court. Therefore, finding no merit in the present petition, the court dismissed the same.

So far as reducing the sentence of the petitioner was concerned, the court observed that he is said to be untraceable which means he has certainly not surrendered. Therefore, no mitigating circumstances appear for reducing his sentence.