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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...

Various Acts

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...

Criminal

IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

CrPC

CrPC S. 125 – Whether a Court, which passed an order of maintenance under S. 125 and 127 of the Code of Criminal Procedure, is competent to execute the order against a person, who has been residing in a place outside the jurisdiction of the Court, which passed the order?

(2023-1)209 PLRIJ 043 (Ker.) KERALA HIGH COURT Before: Mr. Justice A. Badharudeen, J ASWATHI – Appellant, Versus RAJEESH RAMAN –...

CrPC S. 125 – Order dismissing the petition under Section 125 on the sole ground that the wife was a working lady and had income from properties, as such, she may be able to maintain herself out of the said income – Set aside

Evidence Act S. 32 – IPC S. 302 – Dying Declaration – Of the victim, who had 100% burn injuries, held valid and reliable – A dying declaration is admissible in evidence on the principle of necessity and can form the basis of conviction if it is found to be reliable – CrpC S. 378 – Appeal against order of acquittal – High Court, as an appellate court, can reevaluate evidence independently. [PLRonline # 310901]

IPC, S. 323,324/34 – Concurrent findings of innocence, court will not interfere – Delay of 30 hours in FIR – No TIP – Acquitted.

What you missed

Criminal

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

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...

Insurance

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...

Criminal