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Registration Act, 1908 (16 of 1908) Section 17(2)(vi), 17(1)(b) – Family Settlement – Parties have admitted that the respondents have...

Contract Act, 1872 (9 of 1872) S. 52 – Family Settlement

Contract Act, 1872 (9 of 1872) Section 52 – Clause 9 of settlement provided that Party No. 2 & 3...

Newtech Promoters And Developers (P) Ltd. v. State Of U.P., PLRonline 451408

Supreme Court Of India (UDAY UMESH LALIT) (AJAY RASTOGI) (ANIRUDDHA BOSE) Newtech Promoters And Developers (P) Ltd. v. State Of...

Suit for Injunction – Observations made by the Court while deciding the interlocutory application is on the basis of the prima facie opinion of the Court. Such opinion is never final in nature.

Suit for Injunction – Trial Court Court as well as the First Appellate Court while deciding the injunction application, in...

Specific Relief Act, S. 6 – A suit can be filed by the title-holder for recovery of possession or it can be one for ejectment of an ex-lessee or for mandatory injunction requiring a person to remove himself or it can be a suit under Section 6 of the Specific Relief Act to recover possession

Specific Relief Act, S. 6 - A suit can be filed by the title-holder for recovery of possession or it...

POST 1 It is a team effort akin to a game of football involving several positions manned by many, such as defender, mid-fielder, striker, and a keeper. A striker may hit the target, while a keeper may stop an attack. The consequence of the match, either a win or a loss, is borne by all the players, though they may have their distinct roles. A goal scored or saved may be the final act, but the result is what matters. As against the specific individuals who had impacted more, the result is shared between the players. The same logic is the foundation of Section 34 IPC which creates shared liability on those who shared the common intention to commit the crime. [Para 23]

IPC S. 34 – Creates a deeming fiction by infusing and importing a criminal act constituting an offence committed by one, into others, in pursuance to a common intention – This would require the quality of evidence to be substantial, concrete, definite and clear – What is required is a common intention – Dominant feature of Section 34 is an element of intention and participation in action

IPC S. 34 - Section 34 creates a deeming fiction by infusing and importing a criminal act constituting an offence...

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Various Acts

CrPC S. 311 – This power can be exercised at any stage of any inquiry, trial or other proceeding under the CrPC.

CrPC S. 311 - This power can be exercised at any stage of any inquiry, trial or other proceeding under the CrPC. read here 2022...

What you missed

Land Acquisition Act

Land Acquisition – Stay orders – Effect of – After announcing the award, possession of the land has been taken and handed over to the beneficiary Department i.e. HUDA on the day of the award except the land for which the orders of stay, status quo and stay of dispossession have been passed by the competent Court

Mr. S.S. Dinarpur, for petitioner(s) Mr. Ankur Mittal, Addl. A.G., HY. assisted by Ms. Kushaldeep Kaur. Right to Fair...

CIVIL

CPC O. 39 R. 1 – Co-sharers – Mere raising of construction on joint property by one of the co-sharers cannot be termed to be an act of ouster of other co-sharers – Status quo, vacated

Mr. Sandeep Yadav, for the petitioner. Ms. Sehaj Sandhawalia, for Resps Civil Procedure Code 1908 (V of 1908) Section 151...

Service Matter

Whether principle of estoppel and acquiescence will prevail over statutory service rules prescribing the procedure for promotion of ClassIV employees to ClassIII working in the Banaras Hindu University BHU, Varanasi, a Central University? Principle is that principle of estoppel cannot override the law.

Constitution of India, Arts.226, 16 – Evidence Act (1872), S.115 – Promotion of Class-IV employees to Class-III – Whether principle...

Criminal

IPC S.100 – Right of private defence – Is necessarily a defensive right which is available only when the circumstances so justify it – Such an act of private defence should have been done in good faith and without malice.

Penal Code (1860), S.100 – Right of private defence – Is necessarily a defensive right which is available only...

Latest

Criminal

IPC S. 201, 302 – In a case of direct evidence, motive would not be relevant, in a case of circumstantial evidence, motive plays an important link to complete the chain of circumstances – Circumstances on record do not make a complete chain to dispel any hypothesis of innocence of the appellant – Acquitted

Arbitration and Conciliation Act, 1996

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.

Arbitration and Conciliation Act, 1996, S.11, S.11(6) – Understanding of counsel cannot be regarded as a binding statement of law on the existence of an arbitration agreement –

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

Criminal

Prevention of Corruption Act, 1988, S. 13(i)(d) – Alleged sale of duplicate tickets – Enquiry report not proved – Acquitted

Vishambhar Saran v. Bureau of Immigration, 2022 SCeJ 965 (Cal.)

Hindu Minority and Guardianship Act S. 8(3) – A disposition made and which may also entail the transfer of the share of a minor is not void in the eyes of law.

Will – No evidence has been produced which proves that the attestation of one of the attesting witness was in his handwriting – Will not proved

COI Art. 21 – It is the duty of the criminal court to allow the prosecution to correct an error in interest of justice.

Total Environment Building Systems Pvt. Ltd. v. The Deputy Commissioner of Commercial Taxes, 2022 PLRonline 0294

low angle view of two high rise buildings under blue sky

CPA S. 21 – Concurrent findings of fact – NCDRC should not have interfered

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

Insurance – IMT 47 – Accident was caused as a result of a portion of the road giving away – The accident was in the nature of a landslide, as a result of which the vehicle fell into a deep ditch.

Negotiable Instruments

NIA S. 138 – Object of

November 7, 2021

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

NIA S. 138 – While imposing sentence, Court can impose sentence lesser than two years – But there is no discretion to reduce the imposition of fine

August 10, 2021

Judicial restraint – Practice of summoning officers , deprecated

NIA S. 143A – Court Cannot Struck-off The Defence On Account Of Non Payment Of 20% Of The Interim Compensation

July 12, 2021

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Constitution

Constitution of India

Constitution of India

Whether the employees of the board/societies, who are autonomous bodies can claim parity in the pay-scale and/or other benefits which may be available to the Government employees – No.

by Punjab Law Reporter

January 12, 2022

Constitution of India, 1950 , Art. 12, Art. 14, Art. 226 - “whether the employees of WALMI (Water and Land...

[SC – 23.3.22] Constitution of India – Interpretation of the Entries of the Lists of the Seventh Schedule of the Constitution:

April 10, 2022

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

Education Law – Admission to a professional course , question for consideration is whether compensation for a meritorious candidate, who has been denied the admission illegally and arbitrary having approached the court in time can be said to be just and equitable relief?

August 3, 2021

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.

March 27, 2022

Last Week's Updates

Armed Forces Tribunal Act S.14, S.31, S.31(1) – Navy (Discipline and Miscellaneous Provisions) Regulations 1965 Regulation 216 – Withdrawal of the appellant from the course on the ground that the appellant was found deficient in basic character and other officer like qualities

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Central Excise Act S. 35L(b) – Composite contract – Once a lumpsum has been charged for the sale of CD (as in the case on hand) and sale tax has been paid thereon, the revenue thereafter cannot levy service tax on the entire sale consideration once again on the ground that the updates are being provided.

CrPC S. 311 – The first part of the statutory provision is discretionary while the latter part is obligatory – Section 311 contains a power upon the Court in broad terms – The statutory provision must be read purposively, to achieve the intent of the statute to aid in the discovery of truth

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CrPC S. 91 , 311 – Fair trial – Relevant material – The summons to produce a document or other thing under Section 91 can be issued where the Court finds that the production of the document or thing “is necessary or desirable for the purpose of any investigation, trial or other proceeding” under the CrPC

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CrPC S. 301 – Application for the summoning of witness and for production of the decoding register was submitted by the State – Bar contained in Section 301 does not stand in the way.

CrPC, S. 311 – Evidence Act, S. 165 – A criminal court cannot remain a silent spectator – It has got a participatory role to play and having been invested with enormous powers under Section 311 CrPC, as well as Section 165 of the Evidence Act

Set off – For forfeiting the amount of earnest money, the defendant is not required to prove damages.

CPC O. 21 R. 32 – Executing Court is required to arrive at a finding that the JD has wilfully disobeyed the decree – If no such material is there , has ot dismiss the execution petition.

Employees Compensation Act, S. (2)(I)(2), 4 – Permanent disability – Functional loss of 100% of limb.

Negotiable Instruments Act

Insurance policy – Non communication of special terms of policy – Repudiation set aside

NIA S. 138 – Friendly Loan – Mere fact that signatures on cheque were not disputed – “debt or other liability” not proved.

Environment – Ponds – Encroachments – Directions

Agreements

Estoppel – Sale of House – Once the plaintiff has sold the house with a passage he can not stop the defendant from using the same as a joint passage

IBC – Objectives

IBC S. 3(8) – Who is a Corporate Debtor

IBC S. 2(e) – Applies only for limited purpose contained in sub-sections (2) and (3) of section 60

IBC S. 3(11), S. 3(12) – Debt & Default

Punjab & Haryana

Rent – Mesne profits – Concept of mesne profit has been devised in order to enable the landlord to recover the market rent during the pendency of appeal and revisions – Hence, the mesne profit cannot be assessed only on the basis of fair rent fixed by the Rent Controller.

August 9, 2022

Tenancy and Rent Act

Rent – The Appellate Authority is the last Court to appreciate the facts and the evidence – In such circumstances, the Appellate Court should not have taken a myopic view of the matter to refuse additional evidence.

August 9, 2022

Registration Act, 1908 (16 of 1908) S. 17(2)(vi), 17(1)(b) – Family Settlement – Sometimes, the court applies the rule of estoppel to honour such settlements and on other occasions, the Courts have been devising other possible ways to uphold such settlements.

Registration Act, 1908 (16 of 1908) Section 17(2)(vi), 17(1)(b) – Family Settlement – Parties have admitted that the respondents have...

Contract Act, 1872 (9 of 1872) S. 52 – Family Settlement

Contract Act, 1872 (9 of 1872) Section 52 – Clause 9 of settlement provided that Party No. 2 & 3...

Newtech Promoters And Developers (P) Ltd. v. State Of U.P., PLRonline 451408

Supreme Court Of India (UDAY UMESH LALIT) (AJAY RASTOGI) (ANIRUDDHA BOSE) Newtech Promoters And Developers (P) Ltd. v. State Of...

Suit for Injunction – Observations made by the Court while deciding the interlocutory application is on the basis of the prima facie opinion of the Court. Such opinion is never final in nature.