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CrPC S. 125 – Unmarried Hindu daughter can claim maintenance from her father till she is married under S.20(3) of Hindu Adoptions and Maintenance Act, 1956, provided, she pleads and proves that she is unable to maintain herself

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

CrPC S. 319 – Court has failed to record the degree of satisfaction which is required to summon an accused under section 319 – Degree of satisfaction is not one of prima facie case

Environment law – Principles enunciated – Brick kiln. PLRonline 432610

Environment – It is the duty of the Government as also the Court to protect and preserve the environment

Rent Act – Mesne profits – After passing of decree of eviction landlord is entitled for mesne profits or compensation – Basis of determination of the amount of mesne profit

Rent Act – Mesne profits – Pendency of the appeal Tenant is liable to pay mesne profit or compensation for use and occupation

Rent Act – Mesne Profits – Once a decree for possession has been passed and execution is delayed it is necessary for the Appellate Court to fix reasonable mesne profits

Tenancy – Bona fide need – Leave to defend – Not granted – Delhi Rent Control Act, S. 14(1)(e). PLRonline 313402 (Del.)

CPC S. 10 – Rent Act – Rent is not required to go into the serious question of title – S. 10 is not applicable.

CPC S. 10 – Is referable to a suit instituted in the civil Court and it cannot apply to proceedings of other nature instituted under any other statute – Not open to the High Court to bye-pass Section 10 CPC by invoking Section 151 CPC.

CPC S. 151 – Cannot be exercised so as to nullify the provisions of the Code

Tender – A bid document has to be read as a whole and interpretation has to be based on common trade practices – Responsibility to make the site “available” prima facie has to be construed as “available” for work. PLRonline 437650

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Banking – Forged DD ( Demand draft) – Encashment – Bank entitled to recover the sums claimed from the person who encashed it January 23, 2023

IPC, S. 323,324/34 – Concurrent findings of innocence, court will not interfere – Delay of 30 hours in FIR – No TIP – Acquitted. January 22, 2023

Adoption by a widow [SC] January 22, 2023

Adoption – Effects of adoption by a Hindu widow [SC] January 22, 2023

Family pension – Whether a child adopted by a widow of a government servant, subsequent to the death of the government servant would be entitled. [SC] January 22, 2023

Family pension – Purpose for which ‘family pension’ is granted. [SC] January 22, 2023

CCS (Pension) Rules R. 54 (14)(b) – Effect of the phrase “in relation to a government servant” [SC] January 22, 2023

Adoption January 22, 2023

Review – Party can not be left remedy less. January 15, 2023

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CrPC S. 125 – Unmarried Hindu daughter can claim maintenance from her father till she is married under S.20(3) of Hindu Adoptions and Maintenance Act, 1956, provided, she pleads and proves that she is unable to maintain herself

CrPC S. 319 – Court has failed to record the degree of satisfaction which is required to summon an accused under section 319 – Degree of satisfaction is not one of prima facie case

Environment law – Principles enunciated – Brick kiln. PLRonline 432610

Environment – It is the duty of the Government as also the Court to protect and preserve the environment

Latest Update

Rent Act – Mesne profits – After passing of decree of eviction landlord is entitled for mesne profits or compensation – Basis of determination of the amount of mesne profit

Tenancy and Rent Act

Rent Act – Mesne profits - After passing the decree of eviction the tenancy terminates and from the said date...

PLRonline.in

Tenancy and Rent Act

Rent Act – Mesne profits – Pendency of the appeal Tenant is liable to pay mesne profit or compensation for use and occupation

Appellate Court does have jurisdiction to put reasonable terms and conditions as would in its opinion reasonable to compensate the...

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Must Read

CrPC S. 319 – Stage, Evidence , Nature of the satisfaction, qua persons not named in the FIR

CrPC S. 319 – Powers under [SC]

Registration Act, 1908

TPA S. 53A – Execution of the registered agreement to sell coupled with delivery of possession does not result in transfer of the immovable property worth more than Rs.100/- if not registered

Specific Relief Act

Specific performance – Plaintiff has to prove that all along and till the final decision of the suit, he was ready and willing to perform his part of the contract – Circumstances including availability of funds and mere statement or averment in plaint of readiness and willingness, would not suffice.

Waqf property – Suit for permanent injunction – Bar of jurisdiction of civil Courts – Property is admitted to be a waqf property. [SC]

Banking – Forged DD ( Demand draft) – Encashment – Bank entitled to recover the sums claimed from the person who encashed it

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

Adoption by a widow [SC]

Tenancy and Rent Act

Rent Act – Mesne Profits – Once a decree for possession has been passed and execution is delayed it is necessary for the Appellate Court to fix reasonable mesne profits

Once a decree for possession has been passed and the execution is delayed depriving the decree holder to reap the fruits, it is necessary for...

Tenancy and Rent Act

Tenancy – Bona fide need – Leave to defend – Not granted – Delhi Rent Control Act, S. 14(1)(e). PLRonline 313402 (Del.)

Tenancy - Bona fide need - Leave to defend - Delhi Rent Control Act, S. 14(1)(e).

CPC S. 10 – Rent Act – Rent is not required to go into the serious question of title – S. 10 is not applicable.

CPC S. 10 - Rent Act - Bihar Rent Act is a special Act providing for speedy disposal of eviction suit on certain grounds enumerated...

CPC S. 10 – Is referable to a suit instituted in the civil Court and it cannot apply to proceedings of other nature instituted under any other statute – Not open to the High Court to bye-pass Section 10 CPC by invoking Section 151 CPC.

CPC S. 10 - Section 10 suggests that it is referable to a suit instituted in the civil Court and it cannot apply to proceedings...

What you missed

CPC S. 151 – Cannot be exercised so as to nullify the provisions of the Code

Inherent jurisdiction of the Court to make orders ex debito justitiae is undoubtedly affirmed by Section 151 CPC, but that...

Tender – A bid document has to be read as a whole and interpretation has to be based on common trade practices – Responsibility to make the site “available” prima facie has to be construed as “available” for work. PLRonline 437650

he language of the clause is wide and not limited to only an incident of default by the Department -...

Electricity Act S. 135 – Act, 2003 & the Regulations do not permit transmission & supply of energy to any other premises. PLRonline 434650

stark difference between the proceedings under Section 126/127 of the Electricity Act, viz-a-viz. the proceedings under Section 135 of the...

Motor Vehicles Act

MVA – Fitness Certificate of Vehicle – Charging Rs. 50/- for each day of delay after expiry of certificate of fitness, Notification dated 29.12.2016. Has not come into force. PLRonline 432600

Notification bearing No.G.S.R. 1183 (E) dated 29.12.2016, thereby amending Rule 32 and Rule 81 of the Central Motor Vehicle Rules,...

Civil

CPC

“Best-evidence rule”

CPC S. 38 – executing Court has no power to entertain any objection as to the validity of the decree

Whether Executing Court can go behind the decree :-Section 38 lays down the general rule that, a decree may be...

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

CPC S. 64 – comes into operation only if a decree of attachment has been obtained and alienation of the property takes place thereafter.

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

CPC O.8 R.1 – Greater sensitivity must be shown by the court in matrimonial matters which cannot be compared to the standards of ordinary civil litigation

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

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

Criminal

Criminal

IPC S. 306 – Dowry death – For the offence under Section 306, IPC the prosecution needs to first establish that a suicide has been committed

Indian Penal Code, 1860 (45 of 1860), Section 306 - Abetment of suicide – Dowry death - For the offence...

IPC S. 188 – Where an “offence” is committed under S. 188 of the IPC, it would be mandatory on the part of the public servant concerned to file a complaint in writing before the jurisdictional Magistrate

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

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

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

CrPC S. 156(3) – For the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR.

Constitution

Constitution of India

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

Constitution of India

COI Art. 142 – The interests of the child are best subserved by ensuring that both the parents have a presence in his upbringing

Constitution of India, Article 142 - Custody of child - In matters such as the present, the welfare of the...

SRA S. 16 – Financial capacity – Conduct throughout the transaction

COI Art. 226 – Prayer for changing category from BCA to Scheduled Caste when selection process is complete – Not allowed. 2022 PLRonline 7854

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

COI Art. 21 – Liberty of a person under trial – “Bail or jail ?”.

“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

Waqf property – Suit for permanent injunction – Bar of jurisdiction of civil Courts – Property is admitted to be a waqf property. [SC]

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Banking – Forged DD ( Demand draft) – Encashment – Bank entitled to recover the sums claimed from the person who encashed it

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

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Adoption by a widow [SC]

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Adoption – Effects of adoption by a Hindu widow [SC]

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Family pension – Whether a child adopted by a widow of a government servant, subsequent to the death of the government servant would be entitled. [SC]

The LAWS OF MANU – Manusmriti

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Family pension – Purpose for which ‘family pension’ is granted. [SC]

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CCS (Pension) Rules R. 54 (14)(b) – Effect of the phrase “in relation to a government servant” [SC]

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Adoption

Review – Party can not be left remedy less.

Review – Basic principles in which the review application could be entertained. [SC]

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

Adverse inference – In case a party to a suit does not enter into the witness box, an adverse influence has to be drawn against him/her. [SC]

Consumer Protection Act

Service matter – Whether the State Government while exercising power under Rule 6(10) is free to choose any candidate from the panel prepared by the Selection Committee. No.

Public Gambling Act 1867, S. 5 – Investigation in a non-cognizable offence at the hands of the police without permission of the competent Magistrate is impermissible

Criminal Trial – Framing of Charge – Mere mentioning that the charge sheet as also the documents have been gone through, would not suffice.

IPC S. 188 – Where an “offence” is committed under S. 188 of the IPC, it would be mandatory on the part of the public servant concerned to file a complaint in writing before the jurisdictional Magistrate

TRENDING

Banking – Forged DD ( Demand draft) – Encashment – Bank entitled to recover the sums claimed from the person who encashed it January 23, 2023

IPC, S. 323,324/34 – Concurrent findings of innocence, court will not interfere – Delay of 30 hours in FIR – No TIP – Acquitted. January 22, 2023

Adoption by a widow [SC] January 22, 2023

Adoption – Effects of adoption by a Hindu widow [SC] January 22, 2023

Family pension – Whether a child adopted by a widow of a government servant, subsequent to the death of the government servant would be entitled. [SC] January 22, 2023

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