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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

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...

CPC S. 9 – Ambit of S. 9 – Jurisdistional aspect

Limitation Act, Art. 58 and 72 – Suit for declaration, mandatory inunction and seeking direction to appellants to initiate and complete acquisition proceedings in respect of plaintiff's land. (PLRonline 427601)

Suit for injunction simpliciter – Respondent is in possession – Proper remedy for appellant was to file suit for possession with injunction – Suit simpliciter for injunction, is not maintainable – Specific Relief Act S. 41 , Evidence Act S. 58. [2009 PLRonline 0015 (Del.)]

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

COI Art. 226 – Habeas Corpus – Suit filed by father

Constitution of India

COI Art. 226 – Habeas Corpus – Suit filed by father

Constitution of India, Article 226 – Writ of Habeas Corpus – Suit filed by father for injunction for restraining the...

National Commission for the Scheduled Castes and Scheduled Tribes – Has no power to order the investigation agency nor accept complaints alleging that a FIR against a person is not being properly recorded or investigated. [(210) Punjab Law Reporter 368]

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

Sarfaesi – Writ – Not maintainable

“Best-evidence rule”

COI Art. 21 – Right to life

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

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

CrPC S. 482, 397 – Materials relied upon by the accused which are in the nature of public documents can be looked into

CrPC S. 482, 397 – While exercising inherent jurisdiction under Section 482 or revisional jurisdiction under section 397 of the...

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

CrPC S. 125 – Whether a Hindu woman who is married after coming into force of the Hindu Marriage Act, 1955, to a Hindu male having a living lawfully wedded wife, can maintain an application for maintenance under S. 125 Cr.P.C

NIA S. 138 – CrPC S. 482 – – Burden of proving that there is no existing debt or liability, is to be discharged in the trial – When there is legal presumption, it would not be judicious for the quashing Court to carry out a detailed enquiry on the facts alleged, without first permitting the trial Court to evaluate the evidence of the parties

CrPC, S. 313 – It is a matter of grave concern that, often, Trial Courts record the statement of an accused under Section 313, CrPC in a very casual and cursory manner, without specifically questioning the accused as to his defense

CrPC, S. 313 – It is a matter of grave concern that, often, Trial Courts record the statement of an accused under Section 313, CrPC in a very casual and cursory manner, without specifically questioning the accused as to his defense

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]

TRENDING

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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