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Motor Vehicles Act, S. 173 – Pay and Recover – Insurance Company exonerated – Appeal by claimants for making insurance company liable – This Section empowers that any person can file Appeal so there is no need to consider who is aggrieved person – Appellants being Claimants have right to file Appeal – Though owner of offending truck has not challenged the impugned order, it cannot be said that the Claimants can’t challenge it – Order in appeal changed to Pay and Recover.

HMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]

Punjab Land Revenue Act, 1887, Section 28 – Lambardar – Appointment of – Age – Is a relevant factor . [PLRonline 119102]

Execution – Limitation – Filed after 12 years.. [PLRonline 114800]

Companies Act, S. 250 – Striking off – Even after dissolution of the company in view of striking off its name from the register, its existence remains only for the purpose of realising the amount due to the company or for the payment or discharge of the liabilities or obligations of the company. [2023 PLRonline 0101 (NCLAT)]

NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]

Criminal Trial – Circumstantial evidence – Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be’ and not merely ‘may be’ guilty, before the Court can convict. [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]

IPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]

Inference – Adverse inference

CPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223

IPC S. 149 – When five persons were specifically named in the FIR and five persons are facing the trial may be separately, Section 149 IPC would be attracted – FIR- Delay of 3 ½ days – Properly explained. [2023 SupremeCourtOnline 0009]

Chennai City Police Act, 1888 – Police Act, 1861 [2023 PLRonline 9003]

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Motor Vehicles Act

Motor Vehicles Act, S. 173 – Pay and Recover – Insurance Company exonerated – Appeal by claimants for making insurance company liable – This Section empowers that any person can file Appeal so there is no need to consider who is aggrieved person – Appellants being Claimants have right to file Appeal – Though owner of offending truck has not challenged the impugned order, it cannot be said that the Claimants can't challenge it – Order in appeal changed to Pay and Recover.

Hindu Marriage Act, 1955

HMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]

Punjab Land Revenue Act, 1887, Section 28 – Lambardar – Appointment of – Age – Is a relevant factor . [PLRonline 119102]

Limitation Act, 1963

Execution – Limitation – Filed after 12 years.. [PLRonline 114800]

SupremeCourtOnline.in

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Latest Update

Companies Act, S. 250 – Striking off – Even after dissolution of the company in view of striking off its name from the register, its existence remains only for the purpose of realising the amount due to the company or for the payment or discharge of the liabilities or obligations of the company. [2023 PLRonline 0101 (NCLAT)]

Companies Act S. 250 - Name of the appellant company was struck off from the register of the ROC -...

PLRonline.in

Negotiable Instruments Act

NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]

2014 PLRonline 0208 (SC) SUPREME COURT OF INDIA ( Before : Ranjana Prakash Desai J; N.V. Ramana J ) H....

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Must Read

Limitation Act, 1963

Limitation ActS. 5 – Sufficient cause – Substantial justice – Every day's delay must be explained

Land Acquisition Act

Land Acquisition Act, 1894 – Section 11, Section 18, Section 4, Section 6

Land Acquisition Act

Land Acquisition Act of 1894 – Claimant is entitled to payment of interest on solatium from the date of entitlement as provided under the provisions of the Act and payment of interest cannot be restricted from the date of Sunder case decided. Obiter in Gurpreet Singh's case, which incidentally made some observation with regard to the payment of interest on solatium, is not the binding precedent. [2015 PLRonline 0205 (SC)]

IBC – CIRP – STAYED by P&H High Court | Counsel for the Financial Creditor was also the counsel for the RP | RP did not secure 66% votes u/s 22 IBC, and subsequently approached the FCs for increasing his vote share | Appointment per-se was not as per the statutory provisions and would go to the root of the matter. [PLRonline.in]

IBC S. 22 – Decision in regard to appointment of IRP as RP or replacement of IRP is a decision based on commercial wisdom of CoC which is not amenable to judicial review

CPC O. 21 R. 97, 99 and 101 – Impleadment in execution proceedings – All questions relating to right, title or interest and relevant shall have to be determined by the Court dealing with the application. [2022 PLRonline 1429504, 2022 SCeJ 1418]

CPC O. 21 R. 102 clarifies that Rule 98 and Rule 100 do not apply in cases where resistance or obstruction in the execution of a decree is offered by a transferee pendente-lite. [2022 SCeJ 1409, 2022 PLRonline 1410504]

SMT. S VANITHA V. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, 2020 SCeJ 2140, (2021-1)201 PLR 117 (SC)

Criminal Trial – Circumstantial evidence – Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be' and not merely ‘may be' guilty, before the Court can convict. [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]

Dakkata Balaram Reddy v. State of Andhra Pradesh., 2023 SCeJ 0226 = 2023 PLRonline 437602 (SC) Supreme Court of India Justice Dinesh Maheshwari, Justice Sanjay...

IPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]

PANCHRAM v. THE STATE OF CHHATTISGARH , 2023 PLRonline 0100 IPC, S. 326, 307, 341, 506 – Grievous hurt - Appellant-accused doubted that complainant-injured had...

Words and Phrases

Inference – Adverse inference

As per Black's Law Dictionary, 9th Edition, ‘Inference' means “a conclusion reached by considering other facts and deducing a logical consequence from them.” ‘Adverse Inference'...

CPC

CPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223

LogIn to read Full text (click on the menu) (2022-4)208 PLR 512 (SC) = 2023 SCeJ 0223 = 2023 PLRonline 434602 (SC) Supreme Court of...

What you missed

IPC S. 149 – When five persons were specifically named in the FIR and five persons are facing the trial may be separately, Section 149 IPC would be attracted – FIR- Delay of 3 ½ days – Properly explained. [2023 SupremeCourtOnline 0009]

Surendra Singh v. State of Rajasthan & Anr., 2023 PLRonline 0009 LogIn to read Full text (click on the menu)...

Chennai City Police Act, 1888 – Police Act, 1861 [2023 PLRonline 9003]

2023 PLRonline 9003 Supreme Court of India Justice V. Ramasubramanian, Justice Pankaj Mithal K. Phanindra Reddy, I.A.S. v. G. Subramanian...

DNA – Evidentiary value of blood tests for determining paternity

The evidentiary value of blood tests for determining paternity, has been discussed in Rayden and Jackson on Divorce and Family...

DNA – Right to personal liberty, privacy – Refusal. [2021 PLRonline 5203]

2021 PLRonline 5203, ASHOK KUMAR v. RAJ GUPTA SUPREME COURT OF INDIA ( Before : R. Subhash Reddy and Hrishikesh...

Civil

CPC

CPC S. 47 – Decision of complicated questions

Civil Procedure Code, 1908 (V of 1908) , S.47— Decision of complicated questions. Per Bhagwati J. : There could be...

Partenership firm – Dissolution – Effect of dissolution is not to render the firm non-existent – It continues to exist for all purposes necessary for its winding up – One of these is of course the recovery of moneys due to it by suit or otherwise – CPC O. 30 R. 1

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

Matrimonial – If the parties have settled their differences and executed agreement, satisfaction of the decree has to be certified in the manner indicated under Order XXI Rule 2

First Appeal – Had to be decided strictly in adherence with the provisions contained in Order XLI Rule 31 of the Code

Criminal

Criminal

“Best-evidence rule”

CrPC S. 438 – Anticipatory bail , an absconder/proclaimed offender is not entitled to relief

CrPC S. 438 - Anticipatory bail - It is clear from the above decision that if anyone is declared as...

IPC S. 153-A – Intention to cause disorder or incite people to violence is the sine qua non of the offence under Section 153 A IPC

IPC S. 153A – Standard of an ordinary reasonable man should be applied

IPC S. 302 – Circumstantial evidence

IPC S. 302 – Common intention

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

CrPC S. 320 – Compounding under S. 324, 307 not permissible

Constitution

Constitution of India

Constitution of India

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

by Punjab Law Reporter

Constitution of India, 1950 Art. 21 - The right to health is an integral part of the right to life...

Writ – Medical Negligence – In a writ petition, question of negligence can not be gone into.

Service matter – Right to life protected by Article 21 of the Constitution of India would include the right to employment cannot also be accepted at this juncture – May be at some future point of time, the right to employment can also be brought in under the concept of right to life or even included as a fundamental right. The new statute is perhaps a beginning. As things now stand, the acceptance of such a plea at the instance of the employees before us would lead to the consequence of depriving a large number of other aspirants of an opportunity to compete for the post or employment.

“Best-evidence rule”

Cr.P.C. , S. 397 or 482 – Where stay is granted, the matter must be decided on day-to-day basis – Stay

Last Week's Updates

IBC S. 22 – Decision in regard to appointment of IRP as RP or replacement of IRP is a decision based on commercial wisdom of CoC which is not amenable to judicial review

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CPC O. 21 R. 97, 99 and 101 – Impleadment in execution proceedings – All questions relating to right, title or interest and relevant shall have to be determined by the Court dealing with the application. [2022 PLRonline 1429504, 2022 SCeJ 1418]

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CPC O. 21 R. 102 clarifies that Rule 98 and Rule 100 do not apply in cases where resistance or obstruction in the execution of a decree is offered by a transferee pendente-lite. [2022 SCeJ 1409, 2022 PLRonline 1410504]

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SMT. S VANITHA V. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, 2020 SCeJ 2140, (2021-1)201 PLR 117 (SC)

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Protection – P1 is legally wedded wife of R4 – Without seeking divorce from her spouse she is living a lustful and adulterous life with P2 – Act of P2 may constitute an offence under S. 494/495 IPC – Dismissed

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Banking – Auction – Mortgage – Receiver has responsibility to maintain the property in good condition and prevent its deterioration – Creditor cannot later claim that the property lost value while in their custody, will be accountable for any loss in property value.

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

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Registration Act, 1908 – Section 17 – Family agreement – Compulsorily registerable – If the generation of the rights were for a valuable consideration. [Kar.]

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Punjab Land Revenue Act, 1887 – S.118, S.121 – Merely because instrument of partition was not drawn u/s 121 , could not be said that the partition was not completed. [ 2023 SCeJ 0211]

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

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

Filing and objections- Efiling – When an electronic facility is available and an Application is filed in electronic form, the filing is complete as soon as it is registered electronically. [2022 SCeJ 844]

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.

Custody of minor child – Interest and welfare to be judged on the basis of acknowledged superiority of the mother's love and affection – Habeas Corpus maintainable by one parent – Mental Health of mother – Effect of. [2023 PLRonline 469657]

Practice and Procedure

Execution – Mere pendency of an appeal does not mean that decree passed by trial Court is not to be executed. [2023 PLRonline 485657]

Motor Vehicles Act

MVA | Delay in lodging an FIR is not fatal if claimant demonstrates satisfactory and convincing reasons – Insurer responsible to prove its contention by summoning the offending vehicle's rider – Preponderance of probabilities is the touchstone for concluding rashness and negligence. [2023 SCeJ 0206 (AP)]

Acquittal in Robbery Case: Doubtful Recovery of Pistol and Discrepancies in FIR [2023 SCeJ 0203]

Education – Brochure or Advertisement – Terms of the brochure are binding upon a candidate – It is the rule mentioned in the prospectus which will prevail over misleading notice / information available on the website of the Faculty – Constitution Of India, 1950 Article 226. [2023 PLRonline 0008 (Del.)]

CPC O. 39 R. 1, 2, CPC O. 43 R. 1 – All observations made by any Court while deciding any interlocutory application are all tentative – While deciding the main suit, Courts are not expected to get influenced by any observations that were made in the interlocutory applications.[2023 PLRonline 0006 (Andh.)]

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

NDPS S. 50, 52, 57 – S. 50 applies only when there is a search of a person -Finding the source of Narcotic Drug is of no consequence in a trial. [2023 PLRonline 0007 AP]

TRENDING

CPC O. 21 R. 97, 99 and 101 – Impleadment in execution proceedings – All questions relating to right, title or interest and relevant shall have to be determined by the Court dealing with the application. [2022 PLRonline 1429504, 2022 SCeJ 1418] April 22, 2023

CPC O. 21 R. 102 clarifies that Rule 98 and Rule 100 do not apply in cases where resistance or obstruction in the execution of a decree is offered by a transferee pendente-lite. [2022 SCeJ 1409, 2022 PLRonline 1410504] April 22, 2023

SMT. S VANITHA V. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, 2020 SCeJ 2140, (2021-1)201 PLR 117 (SC) April 22, 2023

Protection – P1 is legally wedded wife of R4 – Without seeking divorce from her spouse she is living a lustful and adulterous life with P2 – Act of P2 may constitute an offence under S. 494/495 IPC – Dismissed April 22, 2023

Banking – Auction – Mortgage – Receiver has responsibility to maintain the property in good condition and prevent its deterioration – Creditor cannot later claim that the property lost value while in their custody, will be accountable for any loss in property value. April 22, 2023

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