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June 25, 2022

Limitation Act, 1963 (36 of 1963), Section 14(2) - Expression ‘Court’ - Keeping in mind the scope and ambit of...

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

NDPS Act – Section 37, 42 – While delayed compliance was acceptable, however, where there was a total non compliance...

CrPC S. 439 – Bail applications – Victim – It shall be obligatory upon the High Court to provide them a legal aid counsel with adequate experience in criminal law

Limitation - It is true that a valuable right may accrue to the other party by the law of limitation,...

Service matter – 100% reservation , not permissible.

Limitation Act, 1963 (36 of 1963), Section 14 – Does not say that Section 14 can only be invoked on...

Limitation Act S. 5 – Merely because sufficient cause has been shown, a party is not entitled to the condonation of delay in question as a matter of right if sufficient cause is not proven – Commercial Courts Act 2015

Insolvency and Banking Code, 2016 (31 of 2016), Section 238A - Another civil proceeding whether in a Court of first...

Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

Words – ‘Shall’ - ‘as far as may be’ - The use of words ‘as far as may be’, occurring...

Limitation Act, 1963 (36 of 1963), Section 5 – Delay – Condonation – Delay can be condoned irrespective of whether there is any formal application, if there are sufficient materials on record disclosing sufficient cause for the delay – Section 5 of the Limitation Act, 1963 does not speak of any application.

Limitation Act, 1963 (36 of 1963), Section 5 – Delay - Condonation - Delay can be condoned irrespective of whether...

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Service matter – Wilful misconduct and negligence simplicitor are not inter changeable terms

Banking

SARFAESI S. 13(2) – Right of the borrower to have a due consideration of objections where the bank is bound to apply its mind and inform the borrower of its reasons as to why and how the account is classified as NPA

SARFAESI Act Section 13(2) - The right of the borrower to have a due consideration of objections is, therefore, an important right of the borrower where...

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CPC

CPC S. 151 , CPC O.18 R.17 – Additional evidence – When the documents sought to be produced in additional evidence goes to the root of the matter, the Court should have been more pragmatic and magnanimous particularly when the dispute is with regard to the public property.

Vijay Sharma, for the petitioner CPC S. 151 , CPC O. 18 R. 17 - Under Section 151 CPC, the...

CIVIL

Suit for Declaration – A non-party to the document is not required to seek annulment thereof – No ad valorem court fee is payable

Mr. Jaskamal Singh Grewal, for the petitioner Suit for Declaration – Plaintiff is not seeking possession - The plaintiff...

2.7k

Various Acts

[SC] Workmen Compensation Act, 1923 – Interest – Reduced to 6% p.a. – Interest shall be calculated from the date of the judgment of the High Court

Workmen Compensation Act, 1923 (8 of 1923) - Interest directed by the High Court to be paid @ 12% p.a....

2.6k

Service Matter

Service Matter – Regularization – Mode of appointment through ‘regularization’ was a clear violation of the Constitutional scheme and was illegal

This case reached the Supreme Court as certain temporarily engaged daily wagers demanded regularization on the ground that they had...

Latest

Various Acts

2022 PLRonline 0192

Affidavit – False affidavit – Fraud – Allotment of plot – The filing of a false affidavit disentitles the plaintiff for any equitable relief

CPC

CPC S. 11 – Res judicata – Suit property same – Reliefs prayed different – Does not bar.

2.4k

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

CrPC S. 438 – Anticipatory bail – – Bail application adjourned for a long without granting any interim protection – Interim protection granted

CPC O. 1 R. 8 – is applicable when there are numerous persons having the same interest – Court is requested to direct the plaintiff to implead all the co-owners as party-defendants and thereafter, proceed with the matter

June 21, 2022

ECLGS – Emergency Credit Line Guarantee Scheme – Denial of benefit under – Disbursal of the amount under the scheme was withheld raising a plea that all outstandings had to be paid as a condition precedent for such disbursal – Set aside

June 21, 2022

Company can also be held guilty and sentence can be imposed. No immunity to the Companies from prosecution, merely because the prosecution is in respect of an offence, for which the punishment prescribed is imprisonment and fine or fine, or both. However the same shall be limited to a fine only.

June 20, 2022

[SC] Criminal Proceedings – Doctrine of res ipsa loquitur stricto sensu would not apply to a criminal case as its applicability in an action for injury by negligence is well known.

June 19, 2022

CPA S. 27 – No order is passed against the appellant in its individual capacity who was shown as Secretary of the Society – For the default committed by the society, and in absence of any personal liability appellant could not be imprisoned .

June 19, 2022

Judicial review – Is not an appeal from a decision but a review of the manner in which the decision is made – Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in the eyes of the court – The court/tribunal in its power of judicial review does not act as an appellate authority to re-appreciate the evidence and to arrive at its own independent findings on the evidence.

June 16, 2022

Negotiable Instruments

Judicial restraint – Practice of summoning officers , deprecated

Civil Procedure Code, 1908 (CPC) - Section 11 - Res judicata - Determination of jurisdiction - Where the court determines...

CPC S. 25 – Transfer of case – Age of wife is relevant factor

June 20, 2021

CPC O. 21 R. 10 – Equitable transfer of decree.

October 17, 2021

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

June 20, 2021

Criminal

Criminal

CrPC S. 156(3) – Is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate

July 31, 2021

17. In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary...

CrPC S. 170 – Trial courts are stated to be insisting on the arrest of an accused as a pre-requisite formality to take the chargesheet – Set aside

January 22, 2022

2.6k

CPC S. 96(2) – Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.

IPC S. 174 – Cheque bouncing – Proclaimed person

June 21, 2021

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

CrPC , S. 173(2)(i)(g) – Thus, the only meaning of Sub-clause (g) of Sub-section (2)(i) of CrPC S. 173 “whether the accused has been forwarded in custody under CrPC S. 170 ” is with regard to the information that whether the accused is being forwarded under custody or not.

September 15, 2021

Last Week's Updates

Compassionate appointment – Object and purpose – application cannot be rejected on the basis of frivolous and for reasons extraneous to the facts of the case –

June 15, 2022

Judicial review – Departmental enquiry – High Court is not a court of appeal over the decision of the authorities holding a departmental enquiry against a public servant.

Judicial review – Administrative orders – Interference with the decision of departmental authorities is permitted if such authority had held proceedings in violation of the principles of natural justice or in violation of statutory regulations prescribing the mode of such enquiry while exercising jurisdiction under Article 226 of the Constitution.

Compassionate Appointment – authorities must consider and decide such applications not beyond a period of six months

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Compassionate Appointment – Conflict of view, as to whether the scheme/rules in force on the date of death of the government servant would apply or the scheme/rules in force on the date of consideration – On facts – Rules, which were applicable at the time when the deceased employee died and the appellant herein made an application for appointment would apply

June 13, 2022

Suit – Premature filing of a suit – The question of suit being premature does not go to the root of jurisdiction of the court; the court entertaining such a suit and passing decree therein is not acting without jurisdiction but it is in the judicial discretion of the court to grant decree or not

Suit – Premature filing of a suit

Vithalbhai Private Limited v. Union Bank of India, 2005 PLRonline 0006

CrPC

Cr.P.C. First Schedule , Part-II – Where the offence is punishable for imprisonment for three years, the offence shall be cognizable and non-bailable.

Various Acts

Copyright Act, 1957 , S. 63 and 65 – Offence under Section 63 of Copyright Act is a cognizable and non-bailable offence

Negotiable Instruments Act

Motor Vehicles Act

MVA 1988 S. 149(2) – Insurance company – Defences under.

June 10, 2022

2.4k

NIA S. 138 – Is almost in the nature of a civil wrong which has been given criminal overtones.

June 9, 2022

2.4k

Family Law

Senior Citizens Act S. 2(a) – Direction to Daughter-in-law to pay maintenance amount to aged Mother-in –law – Section 2(a), ‘children’ include son, daughter, grandson and grand-daughter and there is no reference to the daughter-in-law.

June 8, 2022

Limitation Act, 1963

Limitation Act, Art. 61 – Usufructual mortgage – Right to redeem has been held to continue till the mortgage money is paid for which there is no time limit.

June 7, 2022

Criminal trial – Onus of proving the ingredients of an offence

June 7, 2022

CrPC S. 482 – Quashing – The impugned judgment and order passed by the High Court is a cryptic, non-reasoned, nonspeaking order – Set aside – After recording the submissions made by learned counsel for the parties, and thereafter by passing one paragraph order without assigning any further reasons, the High Court has allowed the application .

June 6, 2022

Limitation Act, 1963 (36 of 1963), S. 14(2) – Expression ‘Court’ – Keeping in mind the scope and ambit of proceedings under the IBC before the NCLT/NCLAT, the expression ‘Court’ in Section 14(2) would be deemed to be any forum for a civil proceeding including any Tribunal or any forum under the SARFAESI Act.

June 25, 2022

Limitation Act, 1963 (36 of 1963), Section 14(2) - Expression ‘Court’ - Keeping in mind the scope and ambit of...

NDPS Act – Section 37, 42 – While delayed compliance was acceptable, however, where there was a total non compliance...

Limitation - It is true that a valuable right may accrue to the other party by the law of limitation,...