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PLRonline.in

Latest Update

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...

PLRonline.in

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]

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]

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

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

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Civil

CPC

CPC O. 21 R. 16 – Transfer by operation of law.

Civil Procedure Code, 1908 (V of 1908) , O.21 R.16— Transfer by operation of law. AIR 1930 Rang 308, Not...

[SC] CPC S. 11 – Res Judicata – “competent to try such subsequent suit” – Have been interpreted that it must refer to the pecuniary jurisdiction of the earlier Court to try the subsequent suit at the time when the first suit was brought. [PLRonline 115600]

[SC] CPC – O. 9 R. 13, O. 43 R. 1(d), S. 115 – Revision Petition cannot be filed if an appeal is maintainable – Appeal is only applicable against the refusal to set aside the ex-parte decree under O.9 R. 13, not against an order allowing such an application – If appeal against the ex-parte decree is dismissed (except when withdrawn), the remedy under Order 9 Rule 13 cannot be pursued. [PLRonline 424683 (SC)]

“Best-evidence rule”

CPC O. 21, R. 37 – Grants immunity from imprisonment to indigent but honest judgment-debtors.

PLRonline.in

Lease and Licence

Difference between a lease and licence

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Must Read

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

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]

[Criminal] Principles governing the exercise of appellate jurisdiction while dealing with an appeal against acquittal. [PLRonline]

[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]

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...

“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

Banking – Deposit in terms of interim orders of court – Refund Of – Bank not entitled to the same

“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

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]

Narcotic Drugs and Psychotropic Substances Act, 1988,Section 3 - Whether Section 3 can be exercised as a means of enforcement of law and order, by...

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

Criminal Procedure Code (2 of 1974), S.438 - Anticipatory bail – Economic Offences - IPC S. 420, 465, 467, 471 – Allegations that the accused...

trial

test

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]

Get this document in PDF 2024-PLRonline-009Download 2024 PLRonline 459764 = (2024-2)214 PLR 448 (SN) PUNJAB AND HARYANA HIGH COURT Before: Justice Sukhvinder Kaur. RAJBIR...

Criminal

Criminal

COI Art. 227 – Revision – Scope of interference is limited.

In all cases where the minimum sentence is less than 10 years but the maximum sentence is not death or life imprisonment then CrPC S. 167(2) (a)(ii) will apply and the accused will be entitled to grant of ‘default bail' after 60 days in case charge-sheet is not filed.

The right to get this bail is an indefeasible right and this right must be exercised by the accused by...

CrPC S. 379, 482 – Personal appearance – Appellate Court – Suspension of sentence – Could not insist, upon the repetitive personal appearances of the convict.

FIR – If the core features of an offence are not stated, would not be a first information report relating to commission of a cognizable offence, as contemplated under S. 154 and that would mean that no investigation can be initiated by the police upon such an information.

IPC, S. 364A – argument was raised that demand of ransom has not been established

IPC, S. 364A – argument was raised that demand of ransom has not been established

What you missed

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]

Insolvency and Bankruptcy Code, 2016, Section 10A - When the Financial Creditor has invoked the corporate guarantee of the corporate guarantor by...

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

2016-PLRonline-0111-1Download PLR PLRonline Sukhjinder Pal Singh v. State of Punjab , 2016 PLRonline 0111 . PUNJAB AND HARYANA HIGH...

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

Mahavir Singh v Khiali Ram 2008 PLRonline 0206 (SC) (i)Punjab Land Revenue Act, 1887, Section 28 - Punjab Land...

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

“6. The learned counsel appearing for the respondent, however, contended that the very basis of the grant of bail originally...

Last Week's Updates

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]

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Limitation to file a suit for declaration is three years.

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

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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]

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eSakshya (e-evidence)

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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]

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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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Limitation Act, 1963 S. 17 – Suit for recovery of earnest money – Limitation for recovering earnest money starts from contract non-performance or fraud discovery, not payment. Plaintiff proved fraud as the defendant had already sold the shops in question. PLRonline #2419302

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CPC O. 9, R. 13, and S. 96 (2) – proforma defendant is included as a defendant because they have the same rights and interests in the suit property as the plaintiff – – If the plaintiff succeeds, the proforma defendant also succeeds, and if the plaintiff fails, the proforma defendant also fails. [ID# 3311206]

CPC S. 51 – Execution – Imprisonment – Simple default to discharge is not enough – There must be some element of bad faith beyond mere indifference to pay, some deliberate or recusant disposition in the past or, alternatively, current means to pay the decree or a substantial part of it. [#216902]

IPC S. 34, 149 – Distinction and similarity between Section 34 and 149 of IPC and also the circumstances when both Sections are simultaneously applicable. [#212601]

Indigent person – Motor vehicles Act. [1979 PLRonline 0002]

Indigent person – Right to justice – The poor shall not be priced out of the Justice market by insistence on court-fee and refusal to apply the exemptive provisions of Order 33, CPC. [PLRonline]

Indigent person – Is only a provision for the deferred payment of the court fees and this benevolent provision is intended to help the poor litigants who are unable to pay the requisite court fee to file a suit because of their poverty. [PLRonline]

Indigent person – Payment of court fees as the scheme suggests is merely deferred. It is not altogether wiped off. [PLRonline]

Indigent person [PLRonline]

TRENDING

Limitation to file a suit for declaration is three years. July 13, 2024

Judgment on Admissions – Order XII, Rule 6, Civil Procedure Code, 1908 July 13, 2024

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] July 4, 2024

eSakshya (e-evidence) July 1, 2024

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] June 28, 2024

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

Latest Post

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...

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...

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