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PLRonline.in

Latest Update

All the rules of procedure are the handmaid of justice.

Reference can be made to the observation made by Supreme Court in Kailash v. Nanhku 2005(4) SCC 480, wherein it...

PLRonline.in

IBC S. 7, 10A – Under IBC Sections 7 and 10A – No application can be filed for defaults occurring during the 10A period. [2024 PLRonline 017 (NCLAT), [ID 428700] ]

IBC Section 7, consciously uses the expression “default” – not the date of notifying the loan account of the corporate person as NPA.

CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]

IPC S. 306 – Abetment to suicide – Instigation – Mens rea – What is Abetmenrt ? – Refusal to marry – Accused on asking of the deceased had simply refused to marry her which is not a positive act on his part with any intention to abet the crime of suicide. [ID 415774]

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Civil

CPC

Punjab Law Reporter

CPC S. 47 – No authority with the executing court to set aside, modify or vary the consent decree

S. 47 – Execution of consent decree – No authority with the executing court to set aside, modify or vary...

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

CPC, O. 5 R. 1, O. 9 R. 1, 6 – Civil Court shall not proceed to pass ex parte Judgment within 30 days from the date of service of Summons in Suit – Ex parte decree passed within 30 days of summons would be in breach of O. 5 R. 1, C.P.C. – Set aside

CPC O. 6 R. 2 – Procedural law – Provisions relating to pleadings – Object of

CPC O. 9 R. 13 – Lack of knowledge

CPC O. 47 R. 1 – Review is not an appeal in disguise and can be referred to only in the rarest of rare cases

PLRonline.in

CPC O. 39 R. 1 and 2 – Injunction restraining the petitioner from interfering with the respondent's possession upheld. Petitioner's claim of purchasing a share from a co-sharer rejected due to lack of evidence of possession by the co-sharer or the petitioner. Undivided shares can be sold but possession requires partition by metes and bounds. Injunction properly granted; petition dismissed. [ID 213901]

cpc O. 39 R. 1 and 2 - Injunction restraining the petitioner from interfering with the respondent's possession upheld. Petitioner's...

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Must Read

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]

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

trial

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]

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]

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

[SC] Lambardar – Appointment of – Factors – Post is not a Government servant. [PLRonline #217102]

Bail – Cancellation – Compromise – Cancellation of a bail for violation of the terms of such compromise. [PLRonline]

Constitution

Constitution of India

“Best-evidence rule”

Privacy – Tapping conversation of wife

Privacy - The act of tapping itself by the husband of the conversation of his wife with others was illegal...

CPC O. 6 R. 17 – Pleading is required to state material facts and not evidence by which they are to be proved – In written statement plea already taken up that petitioner has got several properties – Amendment giving details of these properties is not required – Tenancy. 2022 PLRonline 7654

[SC] SARFAESI Act – Constitution of India, Art. 226 – A writ petition against the private financial institution – ARC – appellant herein under Article 226 of the Constitution of India against the proposed action/actions under Section 13(4) of the SARFAESI Act can be said to be not maintainable

COI Art. 226 – Custody of child – Child repeatedly stated that he wanted to stay with his mother and not with his father

COI Art. 226 – Custody of child – Child repeatedly stated that he wanted to stay with his mother and not with his father

“Best-evidence rule”

COI Art. 226 – Writ – Maintainability – Injunction – The writ petition ought not to have been entertained and the interim order granted for the mere asking

Suit for permanent injunction – Co-sharer – A co-sharer cannot claim exclusive possession without a formal partition by metes and bounds. The vendee's right to possession arises only after partition, ensuring fair division among all co-owners. 2010 PLRonline 0103 PH

2010 PLRonline 0103 PH . PUNJAB AND HARYANA HIGH COURT JUSTICE VINOD K. SHARMA Bhupinder Singh & others.......... Appellants Versus Roop Singh & another...... Respondents...

Constitution of India

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 of the evidence as such...

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 - Petitioner Versus State of...

Constitution of India

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 of the principle of reasonable...

Criminal

Criminal

Natural justice – no one can complain of not being given an opportunity to make representations if such an opportunity would have availed him nothing.

IPC, 364A – Essential ingredients

Indian Penal Code, 1860, Section 364A - Essential ingredients to convict an accused under Section 364A which are required to...

CrPC S. 311 – The first part of the statutory provision is discretionary while the latter part is obligatory – Section 311 contains a power upon the Court in broad terms – The statutory provision must be read purposively, to achieve the intent of the statute to aid in the discovery of truth

IPC S. 153-A – Intention to cause disorder or incite people to violence is the sine qua non of the offence under Section 153 A IPC

IPC 153A – It is necessary that at least two such groups or communities should be involved.

Natural justice – no one can complain of not being given an opportunity to make representations if such an opportunity would have availed him nothing.

IPC, S. 304-B, “soon before” cannot be construed to mean ‘immediately before'.

What you missed

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...

Bail – As per custody certificate, petitioner, who is a young man aged 22 years, has already suffered incarceration for about 01 year 10 months and 15 days & is not shown to be involved in any other case – Bail granted – IPC, Sections 354- B, 376DA, 506, 216 – POCSO Act, Section 6

BNSS, 2023 Section 483 - Court does not deem it appropriate to delve deep into the contentions, at this stage,...

Sarfaesi – Charge – Priority – Lien of the Bank as per Section 26 D noted and entered in the CERSAI much prior to the charge created by the department – Banks charge has priority. 2024 PLRonline 413768

Secured Debt – Red entry/ Lien by Excise and Income Tax department – Prior Right – Llien of the Bank as...

NEW BUS STAND SHOP OWNERS ASSOCIATION v. CORPORATION OF KOZHIKODE, 2009 PLRonline 016, [#127100]

. 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...

Last Week's Updates

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]

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

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[SC] Lambardar – Appointment of – Factors – Post is not a Government servant. [PLRonline #217102]

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Bail – Cancellation – Compromise – Cancellation of a bail for violation of the terms of such compromise. [PLRonline]

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Bail – Cancellation – Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail, already granted. [PLRonline]

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Bail – cancellation – grounds illustratively though not exhaustively. [PLRonline]

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Bail – Cancellation – On the allegation that the appellant has failed to comply with the terms of the compromise by not vacating the premises in question within the time stipulated, the petition for cancellation of bail was filed.[PLRonline]

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[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]

Limitation Act, 1963

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]

Limitation Act, 1963

Limitation to file a suit for declaration is three years.

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

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]

eSakshya (e-evidence)

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]

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]

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Punjab Land Revenue Rules 1909, Rules 16 and 17 – Appointment of Lambardar – July 14, 2024

[SC] Lambardar – Appointment of – Factors – Post is not a Government servant. [PLRonline #217102] July 20, 2024

Bail – Cancellation – Compromise – Cancellation of a bail for violation of the terms of such compromise. [PLRonline] July 13, 2024

Bail – Cancellation – Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail, already granted. [PLRonline] July 13, 2024

Bail – cancellation – grounds illustratively though not exhaustively. [PLRonline] July 13, 2024

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Tags: 1478500, 311602, 3319403, 401708, 445560, FIR, Gm, Judgment, Subscribe, Title

Latest Post

IBC S. 7, 10A – Under IBC Sections 7 and 10A – No application can be filed for defaults occurring during the 10A period. [2024 PLRonline 017 (NCLAT), [ID 428700] ]

2024 PLRonline 017 (NCLAT) IBC S. 7, 10A - Under IBC Sections 7 and 10A, while no application...

IBC Section 7, consciously uses the expression “default” – not the date of notifying the loan account of the corporate person as NPA.

IBC Section 7, - Default - NPA - Ordinarily, upon declaration of the loan account/ debt as NPA that date...

CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]

Civil Procedure Code, 1908 (V of 1908) Order 6 Rule 17 - Every amendment in the prayer clause does not...

IPC S. 306 – Abetment to suicide – Instigation – Mens rea – What is Abetmenrt ? – Refusal to marry – Accused on asking of the deceased had simply refused to marry her which is not a positive act on his part with any intention to abet the crime of suicide. [ID 415774]

(i) Indian Penal Code, 1860 (45 of 1860), Section 107, 306 - Abetment to suicide – Instigation – Mens rea...

All the rules of procedure are the handmaid of justice.

Reference can be made to the observation made by Supreme Court in Kailash v. Nanhku 2005(4) SCC 480, wherein it...

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