Latest

CPC O. 11 R. 1 and 4 – Interrogatories – Interrogatories must have a reasonably close connection with the “matters in question” , cannot be refused on the grounds that there are other means of proving the fact in question, Interrogatories that favor the case of the applicant and damage/destroy the case of the opponent would be admissible, service of interrogatories can allowed at any stage of the suit. [PLRonline 324702]

Sarfaesi – No proceeding U/s 13(4) – Writ maintainable – Overcharging of interest by Bank – Sarfaesi set aside – NPA could not be continued if account was regularised. [2022 PLRonline 0594]

SC issues notice to RBI a. qua handing over of loan documents b. change in RATE OF INTEREST applicable to loans c. furnishing yearly STATEMENT OF ACCOUNTS to account holders

CrPC S. 391, 311 – NIA S. 138 – Leading additional defence evidence and re-calling the respondent/complainant for cross-examination. [2019 PLRonline 3507]

MVA – Criminal case – Acquittal in a criminal case – Effect on claim petition

Decree – Setting aside exparte decree – Knowledge – applicant must have knowledge not merely that a decree has been passed by some Court against him, but that a particular decree has been passed to against him in a particular Court in favour of a particular person for a particular sum. [1967 PLRonline 0001 (SC)]

Companies Act, 1956 Section 81 , 441, 629A – Tribunal (NCLT) has all the powers to compound all the offences irrespective of any pecuniary limit. [2023 PLRonline 0112]

SARFAESI – High Court u/s 482 Cr.P.C can not quash Order passed under S. 14 of the SARFAESI ACT – Any remedy against such order can be availed only under the SARFAESI ACT, 2002. [SupremeCourtOnline 456603]

Right to Information Act – Duty of public authorities – Direct that the Central Information Commission and the State Information Commissions – Shall continuously monitor the implementation of the mandate of Section 4 of the Act as also prescribed by the Department of Personnel and Training in its Guidelines and Memorandums issued from time to time.

IPC S. 498A – Cruelty – Non-providing of proper medical aid is cruelty. [ 2023 PLRonline 419673]

Banking – Forged DD – Liability of person presenting the same – Plaintiff Bank has passed the Demand Daft being received by way of collection by another bank – U/s 72 of the Contract Act, person receiving proceeds from forged draft liable to refund the money to the bank . [ID 317402]

NIA S. 148 – CrPC S. 389 – Condition of deposit when an accused applies for suspension of sentence under Section 389 – Typically, the accused applies for relief without any conditions – If a blanket order is sought, the court must determine if the case falls under the exception of Section 148 – Impugned orders have been set aside. [(2023-3)211 PLR 260 (SC)]

MVA S. 163-A – U/s 163-A compensation is payable to a third party only – Deceased borrower of the vehicle cannot be considered a third party – Allowed Additional Personal Accident Cover as premium was paid. [(2023-3)211 PLR 228]

Login
Register

PLRonline.in

PLRonline.in

PLRonline.in

CPC O. 11 R. 1 and 4 – Interrogatories – Interrogatories must have a reasonably close connection with the “matters in question” , cannot be refused on the grounds that there are other means of proving the fact in question, Interrogatories that favor the case of the applicant and damage/destroy the case of the opponent would be admissible, service of interrogatories can allowed at any stage of the suit. [PLRonline 324702]

Sarfaesi – No proceeding U/s 13(4) – Writ maintainable – Overcharging of interest by Bank – Sarfaesi set aside – NPA could not be continued if account was regularised. [2022 PLRonline 0594]

SC issues notice to RBI a. qua handing over of loan documents b. change in RATE OF INTEREST applicable to loans c. furnishing yearly STATEMENT OF ACCOUNTS to account holders

CrPC S. 391, 311 – NIA S. 138 – Leading additional defence evidence and re-calling the respondent/complainant for cross-examination. [2019 PLRonline 3507]

SupremeCourtOnline.in

Accurate reporting . @Rs. 1500/- per year ( 365 days)

Latest Update

Decree – Setting aside exparte decree – Knowledge – applicant must have knowledge not merely that a decree has been passed by some Court against him, but that a particular decree has been passed to against him in a particular Court in favour of a particular person for a particular sum. [1967 PLRonline 0001 (SC)]

MVA – Criminal case – Acquittal in a criminal case – Effect on claim petition

limitation Act Art. 164 “(4) In Pundlick Rowji v. Vasantrao Madhavrao, (1909) 11 Bom LR 1296 Davar, J., held that...

PLRonline.in

Companies Act, 1956 Section 81 , 441, 629A – Tribunal (NCLT) has all the powers to compound all the offences irrespective of any pecuniary limit. [2023 PLRonline 0112]

Companies Act, 1956 Section 81 , 441, 629A - Tribunal (NCLT) has all the powers to compound all the offences...

Subscription

Punjab Law Reporter – 2023 @ Rs. 3400/- for 4 printed volumes (Monthly reports) + www.SupremeCoutOnline.in + SupremeCourt e@Journal-2023.

–

Supreme Court e@Journal – 2023 @ Rs. 1500/- (starting today till 28.2.2024) + Supreme Court section/judgments on www.SupremeCourtOnline.in.

Must Read

Insurance – Insurer must show that the case falls within the exclusionary clause – Survey report – insurer must provide cogent and satisfactory reasons or grounds for not accepting the surveyors report – Ambiguity – Benefit to insured. [ PLRonline 477670]

CPC O. 7 R. 11 – The Court cannot consider an application to dismiss the case at this stage as the trial has progressed and evidence has been presented – The only option now is to proceed with a final decision on the issues.[ PLRonline ID 477670]

Consumer Protection Act

Consumer Protection Act – Fraud, forgery – Jurisdiction – Cheque – Forged signature – Complaints which are based on allegations of fraud, forgery, etc. and trial of which would required voluminous evidence and consideration are not to be entertained by this Commission – Banking. [ PLRonline ID 321501]

Practice and Procedure

Service matter – Specific Relief Act S. 14 – Enforcement of a contract of personal service – If the statute/statutory rules applies, courts can declare termination null and void and order reinstatement – However, if the relationship is purely contractual, the contract of personal service will not be specifically enforceable [2008 SupremeCourtOnline 0005]

Limitation Act, 1963

Service matter – Vigilance Commissioner's report which formed part of the report of the enquiry and which was taken into consideration by the disciplinary authority was not supplied to the employee – Omission has vitiated the order of dismissal – Limitation Act. [1994 SupremeCourtOnline 0007]

Maternity Benefit Act, 1961 – Fundamental Rule 101(a) as applicable to State Government servants – Maternity leave only for two surviving children and there is no provision for grant of maternity leave for the third child – Upheld. [2023 PLRonline 0112]

Motor Vehicles Act

Motor Vehicles Act S. 166 – Insurance policy – Renewal based on Forged policy – Even if previous policy is assumed to be fake that would not make any difference because the accident has taken place during the duration/currency of a valid insurance issued by appellant Insurance Company. [ID 1315103]

NIA S. 138 – Correction of Cheque Numbers – Wrong cheque numbers mentioned in Legal Notice and complaint – Typographical error – Application to correct the cheque numbers approved. [PLRonline ID 412670]

SARFAESI – High Court u/s 482 Cr.P.C can not quash Order passed under S. 14 of the SARFAESI ACT – Any remedy against such order can be availed only under the SARFAESI ACT, 2002. [SupremeCourtOnline 456603]

(2023-3)211 PLR 329 (SC)` SUPREME COURT OF INDIA Before: A.S. Bopanna & M.M. Sundresh, JJ. M/S. PHOENIX ARC PRIVATE LIMITED - Petitioner(s) Versus V. GANESH...

Right to Information Act – Duty of public authorities – Direct that the Central Information Commission and the State Information Commissions – Shall continuously monitor the implementation of the mandate of Section 4 of the Act as also prescribed by the Department of Personnel and Training in its Guidelines and Memorandums issued from time to time.

2023 SCeJ 345 2023 SupremeCourtOnline 456603 . Supreme Court of India Before: Dr Dhananjaya Y Chandrachud, CJI. , Justice Pamidighantam Sri Narasimha & Justice J.B....

IPC

IPC S. 498A – Cruelty – Non-providing of proper medical aid is cruelty. [ 2023 PLRonline 419673]

(2023-3)211 PLR 308 , 2023 PLRonline 419673 JHARKHAND HIGH COURT AT RANCHI Before: Justice Ambuj Nath. RAM KRIPAL SINGH - Petitioner Versus STATE OF JHARKHAND...

Banking – Forged DD – Liability of person presenting the same – Plaintiff Bank has passed the Demand Daft being received by way of collection by another bank – U/s 72 of the Contract Act, person receiving proceeds from forged draft liable to refund the money to the bank . [ID 317402]

2011 PLRonline 0206 (SC) Madras High Court Before: Justice R. Mala Titan Industries Ltd. v. State Bank of India, Appeal Suit No.177 of 2007 03.03.2011...

What you missed

Negotiable Instruments Act

NIA S. 148 – CrPC S. 389 – Condition of deposit when an accused applies for suspension of sentence under Section 389 – Typically, the accused applies for relief without any conditions – If a blanket order is sought, the court must determine if the case falls under the exception of Section 148 – Impugned orders have been set aside. [(2023-3)211 PLR 260 (SC)]

(2023-3)211 PLR 260 (SC) SUPREME COURT OF INDIA Before : Justice Abhay S. Oka, Justice Pankaj Mithal. JAMBOO BHANDARI -...

Motor Vehicles Act

MVA S. 163-A – U/s 163-A compensation is payable to a third party only – Deceased borrower of the vehicle cannot be considered a third party – Allowed Additional Personal Accident Cover as premium was paid. [(2023-3)211 PLR 228]

(2023-3)211 PLR 228 PUNJAB AND HARYANA HIGH COURT Before: Ms. Justice Nidhi Gupta PARDEEP KUMAR - Appellant(s) versus KAPOOR SINGH...

Service Matter – Uttar Pradesh Subordinate Offices Ministerial Group “C” Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 – Promotion. [ 2023 SCeJ 0336]

2023 PLRonline 0338 Supreme Court of India JUSTICE Abhay S. Oka JUSTICE Rajesh Bindal Rajendra Prasad v. State of Uttar...

Lambardar – Appointment of – Choice of the Collector should not be disturbed in a cavalier manner. [2023 PLRonline 493671]

Harish Chander v. State of Punjab, (2023-3)211 PLR 182 PUNJAB AND HARYANA HIGH COURT Before: Justice Rajesh Bhardwaj HARISH CHANDER...

Civil

CPC

CPC S. 115 – No cross examination done by the defendant No. 1 – Defendants not asking for relief against each other – Rightly not allowed to cross-examine DW2 and DW3 .

by Punjab Law Reporter

Civil Procedure Code, 1908 (V of 1908) Section 115 – When the statements of DW2 and DW3 were recorded, then...

CPC S. 104 – Procedure prescribed under Order XLIII, Rule 2 CPC applies

CPC O.9 R.13 – No copy of the petition was appended – Process server was not examined

CPC O. 41 R. 31 – High Court has failed to exercise the jurisdiction vested in it as a First Appellate Court

CPC – Any person claiming under him

Criminal

Criminal

CPA – Subsequent purchaser – Builder – Non delivery of flat – Is a consumer

FIR – Registration – Police officer could take further steps contemplated in Chapter XII of the Code only thereafter.

Registration of an FIR involves only the process of entering the substance of the information relating to the commission of...

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

IPC, S. 304-B, “Soon before” is a relative term which is required to be considered under specific circumstances

“Best-evidence rule”

CrPC S. 482 – Challenge against an order of framing charge – Principles laid down

Ad Hoc employees termination – Replacement with other Ad Hoc employees

CrPC, 482 – Dismissal of an earlier S. 482 petition does not bar filing of subsequent petition.

Constitution

Constitution of India

“Best-evidence rule”

Evidence – Pleadings – What is not pleaded cannot be proved in evidence – Voice recording.

Privacy – Voice Recording – Evidence – matrimonial disputes - Application was moved before the trial judge for producing further...

Constitution of India, Article 166 – Communication of the order alone confers on a paper the status of an order .

COI Art. 21 – Right to health is an integral part of the right to life under Article 21 of the Constitution – Without health, the faculties of living have little meaning and Court would be justified in taking recourse to the coercive arm of law

“Best-evidence rule”

Judicial function is not to legislate but in a situation where the call of justice and that too of a large number who are not parties to the lis before the Court, demands expression of an opinion on a silent aspect of the Statute, such void must be filled up

Last Week's Updates

Service matter – Vigilance Commissioner's report which formed part of the report of the enquiry and which was taken into consideration by the disciplinary authority was not supplied to the employee – Omission has vitiated the order of dismissal – Limitation Act. [1994 SupremeCourtOnline 0007]

Share Tweet5 Send Send

Maternity Benefit Act, 1961 – Fundamental Rule 101(a) as applicable to State Government servants – Maternity leave only for two surviving children and there is no provision for grant of maternity leave for the third child – Upheld. [2023 PLRonline 0112]

Share Tweet5 Send Send

Motor Vehicles Act S. 166 – Insurance policy – Renewal based on Forged policy – Even if previous policy is assumed to be fake that would not make any difference because the accident has taken place during the duration/currency of a valid insurance issued by appellant Insurance Company. [ID 1315103]

Share Tweet5 Send Send

NIA S. 138 – Correction of Cheque Numbers – Wrong cheque numbers mentioned in Legal Notice and complaint – Typographical error – Application to correct the cheque numbers approved. [PLRonline ID 412670]

Share Tweet5 Send Send

Gram Panchayat – Bifurcation Of – Upheld – Haryana Panchayati Raj Act, 1994, S. 7, 8. [ID 5217402]

Share Tweet5 Send Send

HMA S. 13 (1) (ia) – Where the wife files a false criminal complaint against the husband and his family members u/s 406/498-A , which results in their acquittal, this act of the wife tantamount to mental cruelty and the husband would be entitled to a decree of divorce. [ID 323702]

Share Tweet5 Send Send

[SC] HMA S. 13 – Divorce – Irretrievable breakdown of marriage – After 10 days of marriage, FIR registered u/s 498A – Parties not subserved the very objective of marriage of companionship for each other from very inception and living apart for more than 19 years. [ID 5416402]

Share Tweet5 Send Send

Punjab Co-operative Societies Act, 1961, Sections 55 and 56 – Limitation Act, 1963 Section – 3 Cooperative society allotting a flat to its member – Provisions of ‘1963 Act' are not applicable to the initiation of arbitration proceedings – Proceedings before an arbitrator is not a suit, appeal or application, therefore, Section 3 of the ‘1963 Act' has no application to arbitration proceedings of the present case. [ID 322702]

Share Tweet5 Send Send

Negotiable Instruments Act

[SC] NIA S. 138 – Signatures Admitted – Presumption – Ingredients – Acknowledgement – Punishment. [ID 3311204]

[SC] Lambardar – Appointment of – Age of a candidate is a relevant factor – Younger shall be preferred – Is not a Govt. servant – Factors to be considered for appointment. [ID 215102]

Bail – Allegation that Petitioner and unknown persons involved in illegal arms supply, funding separatists for religious disturbances, influenced by Pakistani Agency ISI for creating unrest in Punjab – In Preventive Custody for over 11 months – A 23-year-old student, aspired to study in Canada who has completed a course at Food Craft Institute course, worked at Taj Hotel Resorts and Palaces – No probability of tampering with Evidence as the same is already seized – Co-accused already granted bail – Petitioner released on bail. [ID 421601]

Haryana Urban (Control of Rent and Eviction) Act, 1973, S. 23 – Haryana Urban (Control of Rent and Eviction) Rules, 1976, R. 7 – CPC O. 18, R. 3A – Eviction petition – Strict provisions of CPC shall not apply to the proceedings under the Act and only those provisions of the Code shall be made applicable, which the Act specifically provides – Provisions of Rule 3A Order 18 of CPC shall not apply to the proceedings under the Rent Act. [ID 217802]

Insurance – Relating to warranties, if the requirement is not complied with, then the insurer is discharged from liability as from the date of breach of warranty but without prejudice to any liability incurred before that date – Marine Insurance Act 1963, Sections 35, 37, 41(5) and 55 . [2023 SCeJ 322, 2023 SupremeCourtOnline 433603]

Tenancy and Rent Act

[SC] East Punjab Urban Rent Restriction Act 1949, Section 13 – Constitution of India, 1950, Article 133 – Eviction – Suit for – Concurrent findings – Revision was also dismissed on the ground that there was no perversity or infirmity in the orders of the Tribunals below – Dismissed. [ID 214102]

Marine Insurance – Section 19 of the Act, insurance is Uberrimae Fidei, which means that the issuance of the policy is based on trust.

Practice and Procedure

[SC] False statement before Court – Criminal contempt of Court – A person who makes a false statement before the Court and makes an attempt to deceive the Court, interferes with the administration of justice and is guilty of contempt of Court.[SupremeCourtOnline 4905602]

TRENDING

Maternity Benefit Act, 1961 – Fundamental Rule 101(a) as applicable to State Government servants – Maternity leave only for two surviving children and there is no provision for grant of maternity leave for the third child – Upheld. [2023 PLRonline 0112] August 30, 2023

Motor Vehicles Act S. 166 – Insurance policy – Renewal based on Forged policy – Even if previous policy is assumed to be fake that would not make any difference because the accident has taken place during the duration/currency of a valid insurance issued by appellant Insurance Company. [ID 1315103] August 29, 2023

NIA S. 138 – Correction of Cheque Numbers – Wrong cheque numbers mentioned in Legal Notice and complaint – Typographical error – Application to correct the cheque numbers approved. [PLRonline ID 412670] August 27, 2023

Gram Panchayat – Bifurcation Of – Upheld – Haryana Panchayati Raj Act, 1994, S. 7, 8. [ID 5217402] August 27, 2023

HMA S. 13 (1) (ia) – Where the wife files a false criminal complaint against the husband and his family members u/s 406/498-A , which results in their acquittal, this act of the wife tantamount to mental cruelty and the husband would be entitled to a decree of divorce. [ID 323702] August 26, 2023

Next

Prev

Tags: FIR, Gm, Judgment, Subscribe, Title

Login
Sign Up

×

Click for support Team PLRonline