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. 2009 PLRonline 016 SUPREME COURT OF INDIA Before :Justice Markandey Katju and Justice Asok Kumar Ganguly. The NEW BUS STAND SHOP OWNERS ASSOCIATION - Appellant Versus CORPORATION OF KOZHIKODE & another - Respondents...

CIVIL

Lease and Licence

Difference between a lease and licence

Constitution of India

Constitution of India, Article 22 – NDPS S. 3, 9, 11 – Preventive Detention – Whether an order of Preventive detention could have been passed solely on the basis of past involvement of the accused in the cases under the NDPS Act and formation of an opinion about the likelihood of the involvement of the suspect in further offences as well on the basis of the antecedents ? [2024 PLRonline 011 , 2024 PHHC 081331]

Narcotic Drugs and Psychotropic Substances Act, 1988,Section 3 - Whether Section 3 can be exercised as a means of enforcement of law and order, by...

Criminal

[SC] Economic offences – Anticipatory bail – Cancelled. [PLRonline 419506]

Criminal Procedure Code (2 of 1974), S.438 - anticipatory bail – Economic Offences - IPC S. 420, 465, 467, 471 – Allegations that the accused...

Criminal

Criminal

IPC S. 302 – 302 – Murder Case – Police officer – Sole witness – Role of a police officer as a witness is nuanced and dependent on various factors, including the specifics of each case and the overall trustworthiness of the testimony – Hostile witness – Not always necessary that wherever the witness turned hostile, the prosecution case must fail – Acquittal – CrPC S. 378 -Perversity. [PLRonline 423501]

2012 SupremeCourtOnline 0112 SUPREME COURT OF INDIA Before:- A.K. Patnaik and Swatanter Kumar, JJ. Govindaraju @ Govinda v....

CrPC S. 82, 83 – Mere return of warrant of arrest without execution would not authorise the Magistrate to issue an order for proclamation and attachment. [PLRonline ID 213102]

IPC S. 376, 420 r/w 34 – Breach of promise to marry – If the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape

IPC S. 302 – Circumstantial evidence

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Various Acts

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test

CIVIL

CPC O. 39 R. 1 & 2 – Injunction is an equitable relief – “He who seeks equity, must do equity' – In the facts and circumstances of the case, it appears that the plaintiff has not come to the Court with clean hands and as such, no prima facie case is made out in his favour. [PLRonline 459764]

Get this document in PDF 2024-PLRonline-009Download 2024 PLRonline 459764 = (2024-2)214 PLR 448 (SN) PUNJAB AND HARYANA HIGH COURT...

Banking

Liability of corporate guarantor although is coextensive of the Principal Borrower but when the Guarantee requires invocation of the guarantee deed, default on the guarantor shall be the date when corporate guarantee has been invoked. PLRonline [#ID 418700]

Insolvency and Bankruptcy Code, 2016, Section 10A - When the Financial Creditor has invoked the corporate guarantee of the corporate guarantor by...

CIVIL

Punjab Land Revenue Rules 1909, Rules 16 and 17 – Appointment of Lambardar –

2016-PLRonline-0111-1Download PLR PLRonline Sukhjinder Pal Singh v. State of Punjab , 2016 PLRonline 0111 . PUNJAB AND HARYANA HIGH...

Last Week's Updates

[Criminal] Principles governing the exercise of appellate jurisdiction while dealing with an appeal against acquittal. [PLRonline]

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[Criminal] Principles governing the scope of interference by the High Court in an appeal filed by the State for challenging acquittal of the accused recorded by the trial Court. [PLRonline]

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Suit for declaration – Limitation – Article 58 of the Schedule to the Limitation Act 21 of 1963 prescribes three years limitation from the date of the order, to seek a declaration. [PLRonline]

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Limitation to file a suit for declaration is three years.

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Judgment on Admissions – Order XII, Rule 6, Civil Procedure Code, 1908

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Sarfaesi – Security Interest (Enforcement) Rules, 2002, Rule 9 – Auction – Confirmation – Rule 9(1) does not deal with the confirmation by the authorised officer it only provides confirmation by the secured creditor – There cannot be any forfeiture until and unless the sale is confirmed by the secured creditor. [ID# 1310103]

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eSakshya (e-evidence)

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IPC S. 363, 366 – Abductee minor had clearly stated that she was neither taken away nor induced and that she had left her home of her own freewill – Section 366 IPC would come into play. [PLRonline #418506]

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CIVIL

Motor Vehicles Act S. 173(1) – LMV license allows driving vehicles, including bulldozers, under 7,500 kg – Insurer failed to prove the bulldozer's weight exceeded 7,500 kg – Construction equipment vehicles are non-transport vehicles – Insurers cannot deny liability on technical grounds.[#ID 425761]

CIVIL

Limitation Act, 1963 S. 17 – Suit for recovery of earnest money – Limitation for recovering earnest money starts from contract non-performance or fraud discovery, not payment. Plaintiff proved fraud as the defendant had already sold the shops in question. PLRonline #2419302

CIVIL

CPC O. 9, R. 13, and S. 96 (2) – proforma defendant is included as a defendant because they have the same rights and interests in the suit property as the plaintiff – – If the plaintiff succeeds, the proforma defendant also succeeds, and if the plaintiff fails, the proforma defendant also fails. [ID# 3311206]

CIVIL

CPC S. 51 – Execution – Imprisonment – Simple default to discharge is not enough – There must be some element of bad faith beyond mere indifference to pay, some deliberate or recusant disposition in the past or, alternatively, current means to pay the decree or a substantial part of it. [#216902]

Criminal

IPC S. 34, 149 – Distinction and similarity between Section 34 and 149 of IPC and also the circumstances when both Sections are simultaneously applicable. [#212601]

CIVIL

Indigent person – Motor vehicles Act. [1979 PLRonline 0002]

CIVIL

Indigent person – Right to justice – The poor shall not be priced out of the Justice market by insistence on court-fee and refusal to apply the exemptive provisions of Order 33, CPC. [PLRonline]

CIVIL

Indigent person – Is only a provision for the deferred payment of the court fees and this benevolent provision is intended to help the poor litigants who are unable to pay the requisite court fee to file a suit because of their poverty. [PLRonline]

Suit for declaration – Limitation – Article 58 of the Schedule to the Limitation Act 21 of 1963 prescribes three years limitation from the date of the order, to seek a declaration. [PLRonline] July 13, 2024

Limitation to file a suit for declaration is three years. July 13, 2024

Judgment on Admissions – Order XII, Rule 6, Civil Procedure Code, 1908 July 13, 2024

Sarfaesi – Security Interest (Enforcement) Rules, 2002, Rule 9 – Auction – Confirmation – Rule 9(1) does not deal with the confirmation by the authorised officer it only provides confirmation by the secured creditor – There cannot be any forfeiture until and unless the sale is confirmed by the secured creditor. [ID# 1310103] July 4, 2024

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COI Art. 136 – Appeal – Evidence – Reappreciation of .

In an appeal under Article 136 of the Constitution of India, ordinarily this Court will not engage itself in reappreciation...

NDPS S. 15, 29, 37 – CrPC S. 439 – Commercial quantity – Regular bail – Petitioner is in custody for last 1 year and 10 days; out of a total of 18 prosecution witnesses, none has been examined – Further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India. [ID#430771]

2024 PLRonline 15 = (2024-3)215 PLR 129 (SN) = Punjab and Haryana High Court Before: Aman Chaudhary, J. Rashid Hussain Thoker...

Constitution of India, Art. 15(4) – is not an exception but only makes a special application of the principle of reasonable classification. Article 15(4) does not make any mandatory provision for reservation and the power to make reservation under Article 15(4) is discretionary and no writ can be issued to effect reservation. [PLRonline ID 228200]

Apex Court laid down that Article 15(4) of the Constitution is not an exception but only makes a special application...

Ombudsman – Performs the duties in the nature of quasi judicial Tribunal – Award in favour of the Complainant shall state the amount of compensation granted to the Complainant .[ID#442768]

The Ombudsman's conclusion that the insurer's willingness to cover overseas medical expenses implies liability for subsequent treatment in India was...