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[SC] Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 23(1) – Cancellation of Deed – Legal fiction, the transfer shall be deemed to have been made by fraud or coercion or undue influence. Such a transfer then becomes voidable at the instance of the transferor and the Maintenance Tribunal gets jurisdiction to declare the transfer as void. [209 PLR 107]

Specific Relief Act, S. 31 – Unilaterally a person cannot execute what is styled as a deed of cancellation. [PLRonline]

Registered document – Once such an instrument is registered, the said registration has the effect of informing and giving notice to the World at large that such a document has been executed. Registration of a document is a notice to all the subsequent purchasers or encumbrances of the same property. [PLRonline]

[SC] CPC S. 100 – High Court cannot substitute its own opinion for that of the first appellate Court, unless it finds that the conclusions drawn by the lower Court were erroneous being contrary to the mandatory provisions of the applicable law or contrary to the law as pronounced by the Supreme Court or based on inadmissible evidence or no evidence. [PLRonline]

[SC] Sale Deed – Cancellation – Only when a sale deed is cancelled by a competent Court that the cancellation deed can be registered and that too after notice to the parties concerned. [PLRonline]

CPC O. 7 R. 10(2) – Incumbent on the judge passing the order under clause (1) of the same provisions to endorse on the plaint the date of the presentation, return of the plaint, the name of the party presenting it and the reasons for returning it. [PLRonline]

NIA S. 138 – Compounding – Though the complainant has been duly compensated by the accused yet the complainant does not agree for the compounding of the offence, the courts cannot compel the complainant to give ‘consent’ for compounding of the matter – On facts – Quashed.

Trust, the Courtroom can still be a wild enough place without summoning spirits from beyond the grave.

[SC] Tender – Letter of Intent – Is merely an expression of intention to enter into a contract – It does not create any right in favour of the party to whom it is issued. [PLRonline]

[SC] NIA S. 138 – Loan availed at P – In order to harass the petitioner, the cheque was presented in the banks Branch at C – Proceedings can not continue at C. [213 PLR 612]

Shamilat deh (common land) in the State of Punjab, including State of Haryana – Even if any land reserved for common purposes is not actually being put to any common purpose, it cannot be termed as a Bachat land and thus open for the purpose of repartition amongst the proprietors sought. [PLRonline]

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Latest Update

[SC] Sale Deed – Cancellation – Only when a sale deed is cancelled by a competent Court that the cancellation deed can be registered and that too after notice to the parties concerned. [PLRonline]

it is only when a sale deed is cancelled by a competent Court that the cancellation deed can be registered...

PLRonline.in

[SC] Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 23(1) – Cancellation of Deed – Legal fiction, the transfer shall be deemed to have been made by fraud or coercion or undue influence. Such a transfer then becomes voidable at the instance of the transferor and the Maintenance Tribunal gets jurisdiction to declare the transfer as void. [209 PLR 107]

Specific Relief Act, S. 31 – Unilaterally a person cannot execute what is styled as a deed of cancellation. [PLRonline]

Registered document – Once such an instrument is registered, the said registration has the effect of informing and giving notice to the World at large that such a document has been executed. Registration of a document is a notice to all the subsequent purchasers or encumbrances of the same property. [PLRonline]

[SC] CPC S. 100 – High Court cannot substitute its own opinion for that of the first appellate Court, unless it finds that the conclusions drawn by the lower Court were erroneous being contrary to the mandatory provisions of the applicable law or contrary to the law as pronounced by the Supreme Court or based on inadmissible evidence or no evidence. [PLRonline]

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Civil

CPC

[SC] CPC S. 100 – High Court cannot substitute its own opinion for that of the first appellate Court, unless it finds that the conclusions drawn by the lower Court were erroneous being contrary to the mandatory provisions of the applicable law or contrary to the law as pronounced by the Supreme Court or based on inadmissible evidence or no evidence. [PLRonline]

CPC S. 100 - High Court cannot substitute its own opinion for that of the first appellate Court, unless it...

CPC S. 47 – Impleadment of necessary party

“Best-evidence rule”

CPC O 8 R. 1 – Period of 90 days for filing of written statement is directory

Mortgagor has a right of redemption even after sale has taken place pursuant to the final decree, but before the confirmation of sale

Mortgagor has a right of redemption even after sale has taken place pursuant to the final decree, but before the confirmation of sale

PLRonline.in

CPC O. 7 R. 10(2) – Incumbent on the judge passing the order under clause (1) of the same provisions to endorse on the plaint the date of the presentation, return of the plaint, the name of the party presenting it and the reasons for returning it. [PLRonline]

Order VII Rule 10(2) of CPC - Considering Order VII Rule 10(2) of CPC, it is incumbent on the judge...

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Must Read

Transfer of Property Act S.106 – Rent Act – Filing of an eviction suit under general law serves as a notice to quit to the tenant without the requirement of a separate notice under Section 106. 2007 PLRonline 0105 (SC)

Sarfaesi S. 17 – Limitation – Interim stay by High Court. [ 2022 PLRonline 0606 (SC)]

Sarfaesi S. 13(2) – Notice to legal heirs – S. 13(4) – whether personal service is necessary in addition to affixation | 2010 PLRonline 0102

Sarfaesi – Dead person – The proceeding conducted against a dead person is bad in law – LRs of borrowers/respondent not brought on record – Notice to one LR is not notice to all. (2013 PLRonline 0110 – DRAT)

Sarfaesi – Proceedings against a dead person – Bad in law. 2021 PLRonline 5302

Practice and Procedure

Mentioning of the wrong provision or non-mentioning of a provision in an application does not invalidate an order if the Court and/or statutory authority had the requisite jurisdiction therefore.

Practice and Procedure

Judgment is a precedent for the issue of law that is raised and decided.

CrPC S. 482 – Judicial comity and judicial discipline demands that higher courts should follow the law – High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of the said settled legal position. [PLRonline 438700]

Constitution

Constitution of India

Constitution of India

[SC] Bail – Merely because the appellant did not confess, it cannot be said that the appellant was not cooperating with the investigation. [2017 PLRonline 0301]

Custodial interrogation is not for the purpose of `confession' as the right against self-incrimination is provided by Article 20(3) of...

IPC, S. 84 – Where Exception under Sec.84 is claimed

Sarfaesi, S. 14, 17 – Alternative remedy

Right to property is considered to be not only a Constitutional or a Statutory Right but also a human right. [SupremeCourtOnline ID 310501]

COI Art. 226 – Writ of Habeas Corpus – For taking custody of the child from one of the parents – Is clearly maintainable.

COI Art. 226 – Writ of Habeas Corpus – For taking custody of the child from one of the parents – Is clearly maintainable.

Negotiable Instruments Act

NIA S. 138 – Compounding – Though the complainant has been duly compensated by the accused yet the complainant does not agree for the compounding of the offence, the courts cannot compel the complainant to give ‘consent' for compounding of the matter – On facts – Quashed.

138 - Compounding - Though the complainant has been duly compensated by the accused yet the complainant does not agree for the compounding of the...

Practice and Procedure

Trust, the Courtroom can still be a wild enough place without summoning spirits from beyond the grave.

Petition filed on behalf of a dead person - Petitioner filed a petition on behalf of his departed client, complete with a posthumous Power of...

[SC] Tender – Letter of Intent – Is merely an expression of intention to enter into a contract – It does not create any right in favour of the party to whom it is issued. [PLRonline]

Tender - Letter of Intent - Is merely an expression of intention to enter into a contract - It does not create any right in...

IBC

(i) Insolvency and banking Code, 2016 Section 5(7) – Security De-posits - Amounts covered by security deposits under the agreements constitute financial debt - As...

Criminal

Criminal

IPC S. 153A – Mere repugnancy of the ideas expressed is insufficient to constitute the crime attracting penalty.

Mere repugnancy of the ideas expressed is insufficient to constitute the crime attracting penalty. Court referred to the Canadian Supreme...

“Best-evidence rule”

CrPC S. 320 – Compounding of offences

IPC S. 361 – Consent of the minor – Is immaterial for purposes of Section 361 of IPC

IPC S. 415 – Hypertechnical approach

“Best-evidence rule”

IPC S. 498A – Parties amicably settled the matter – High Court should have compounded the offences.

What you missed

Negotiable Instruments Act

[SC] NIA S. 138 – Loan availed at P – In order to harass the petitioner, the cheque was presented in the banks Branch at C – Proceedings can not continue at C. [213 PLR 612]

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 406...

Shamilat deh (common land) in the State of Punjab, including State of Haryana – Even if any land reserved for common purposes is not actually being put to any common purpose, it cannot be termed as a Bachat land and thus open for the purpose of repartition amongst the proprietors sought. [PLRonline]

After whole or part of the Panchayat area comes within the Municipal limits and the Panchayat ceases to exist, the...

Punjab Village Common Lands (Regulation) Act 1961 S. 4(1)(a) – Land which is recorded as ‘Shamlat Deh' in the revenue record, is ‘Shamlat Deh' within the meaning of Section 2(g) of the 1961 Act and is to vest in the Gram Panchayat in terms of section 4(i)(a). [PLRonline]

land which is recorded as 'Shamlat Deh' in the revenue record, is 'Shamlat Deh' within the meaning of Section 2(g)...

CPC O. 12 R. 6 – Admission has to be unequivocal and unqualified and the admission in the written statement should also be taken as a whole and not in part.

R.K. Markan vs. Rajiv Kumar Markan, 2003 AIHC 632 (633) Delhi, wherein it was observed as under :-“For passing a...

Last Week's Updates

Mentioning of the wrong provision or non-mentioning of a provision in an application does not invalidate an order if the Court and/or statutory authority had the requisite jurisdiction therefore.

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Judgment is a precedent for the issue of law that is raised and decided.

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CrPC S. 482 – Judicial comity and judicial discipline demands that higher courts should follow the law – High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of the said settled legal position. [PLRonline 438700]

by Punjab Law Reporter

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CrPC S. 482 – Sarfaesi – Discretion has been conferred on the High Court to pass the interim orders in exceptional cases for not taking coercive steps against the accused pending the proceedings, particularly when the proceedings under the SARFAESI Act were initiated against the borrowers. [PLRonline update]

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Civil Procedure Code, 1908 (V of 1908) Order 39 Rule 1 and 2 – Property – Dispute with regard to identity of the property – Status quo – It would be appropriate for the parties to maintain status quo with regard to their possession. [PLRonline 417502]

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[SC] Motor Vehicles Act, – Composite negligence – Head on collision – Only 50% amount awarded to the claimant by the tribunal as the other vehicle was not impleaded – High Court granted liberty to the appellants to file a separate claim for payment of the remaining amount – Set aside – Insurer liable to pay full amount and recover. [PLRonline 417503]

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CPC O. 6 R. 17 read with O. 1 R. 10 – Application seeking impleadment of subsequent purchaser, as well as incorporating the necessary averments in the plaint – May not be a necessary party but cannot be said that the presence of the purchaser in the suit proceedings would be improper also. (PLRonline ID 46513)

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Proprietorship – Proprietory concern – A proprietory concern and the proprietor are one and the same and that they cannot be treated as separate juristic entities – The proprietary concern derives its identity and individuality from the proprietor and subsumes itself in the proprietor – Segregation of the two is incomprehensible in law. [PLRonline ID 40614]

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Proprietorship – Proprietory concern – A proprietory concern and the proprietor are one and the same and that they cannot be treated as separate juristic entities – The proprietary concern derives its identity and individuality from the proprietor and subsumes itself in the proprietor – Segregation of the two is incomprehensible in law. [PLRonline ID 40614]

Sole proprietorship – Is one that is run by a natural person – There is no legal distinction between the owner and the business entity – It is the owner who is in control of all the elements of the proprietorship. [PLRonline]

Banking – Foreclosure / pre-payment charges – Sole proprietor – Although the loan was sanctioned in the name of a sole proprietorship firm, the natural person owning the sole proprietorship firm is liable – In law, therefore, the bank sanctioned credit facility to a natural person, albeit in the name of the sole proprietorship firm owned by such natural person – bank not entitled to such charges . [PLRonline]

Banking – Loan agreement – Contract – Handwritten terms – Hand-written lines in clause 10 of the Letter of arrangement incorporated entitling to take over charges – Documents in the original agreement never contained the same – Bank not entitled to charges. [PLRonline 33013]

Tenancy and Rent Act

Rent Act – East Punjab Urban Rent Restriction Act, 1949 – S. 13 – Bone fide need – Landlord has every right to start his own business in his own premises as per his desire – It is his moral duty to settle down his grown up sons during his lifetime.

[SC] Hindu Marriage Act, 1955, S. 13(1)(ia) and (ib) – Divorce – Cruelty and desertion –- Intention on the part of the respondent to resume cohabitation is not established – An inference can be drawn that there was animus deserendi on the part of the wife – Has not pleaded and established any reasonable cause for remaining away from her matrimonial home. [2022 PLRonline 0601]

Civil and Criminal Cases

Contempt of Courts Act – Mere delay in complying with the order, unless there is a deliberate or wilful act on the part of the alleged contemnors would not attract the provisions of Contempt of Courts Act. (2024-1)213 PLR 082 (SC)

CONTEMPT | Court deems it fit and appropriate to issue a show cause notice upon the Presiding Officer, DRT-2, Chandigarh, for the latter making an explanation to this Court as to why proceedings for contempt be not initiated against him for his making the above miscommunication, which but is prima facie completely ridden with lies. [PLRonline.in]

TRENDING

Mentioning of the wrong provision or non-mentioning of a provision in an application does not invalidate an order if the Court and/or statutory authority had the requisite jurisdiction therefore. March 24, 2024

Judgment is a precedent for the issue of law that is raised and decided. April 13, 2024

CrPC S. 482 – Judicial comity and judicial discipline demands that higher courts should follow the law – High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of the said settled legal position. [PLRonline 438700] April 13, 2024

CrPC S. 482 – Sarfaesi – Discretion has been conferred on the High Court to pass the interim orders in exceptional cases for not taking coercive steps against the accused pending the proceedings, particularly when the proceedings under the SARFAESI Act were initiated against the borrowers. [PLRonline update] March 24, 2024

Civil Procedure Code, 1908 (V of 1908) Order 39 Rule 1 and 2 – Property – Dispute with regard to identity of the property – Status quo – It would be appropriate for the parties to maintain status quo with regard to their possession. [PLRonline 417502] April 12, 2024

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Latest Post

[SC] Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 23(1) – Cancellation of Deed – Legal fiction, the transfer shall be deemed to have been made by fraud or coercion or undue influence. Such a transfer then becomes voidable at the instance of the transferor and the Maintenance Tribunal gets jurisdiction to declare the transfer as void. [209 PLR 107]

“Sub-section (1) of Section 23 covers all kinds of transfers as is clear from the use of the expression “by...

Specific Relief Act, S. 31 – Unilaterally a person cannot execute what is styled as a deed of cancellation. [PLRonline]

It is permissible for them to execute one more document to annul or cancel the earlier deed. Only if an...

Registered document – Once such an instrument is registered, the said registration has the effect of informing and giving notice to the World at large that such a document has been executed. Registration of a document is a notice to all the subsequent purchasers or encumbrances of the same property. [PLRonline]

Law provides for the cancellation of such instruments which are also non est, but which are in existence as a...

[SC] CPC S. 100 – High Court cannot substitute its own opinion for that of the first appellate Court, unless it finds that the conclusions drawn by the lower Court were erroneous being contrary to the mandatory provisions of the applicable law or contrary to the law as pronounced by the Supreme Court or based on inadmissible evidence or no evidence. [PLRonline]

CPC S. 100 - High Court cannot substitute its own opinion for that of the first appellate Court, unless it...

[SC] Sale Deed – Cancellation – Only when a sale deed is cancelled by a competent Court that the cancellation deed can be registered and that too after notice to the parties concerned. [PLRonline]

it is only when a sale deed is cancelled by a competent Court that the cancellation deed can be registered...

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