[SC] Probation of Offenders Act 1958 S. 3 , 11 – Conviction is under Section 504 IPC where the maximum sentence provided is two years –  There is no previous conviction – Released instead of carrying out the sentence after due admonition – IPC S. 504. 2022 SCeJ 0383

CrPC S. 406, 407 – If it appears that the dispensation of criminal justice is not possible impartially and objectively and without any bias, before any court or even at any place, the appropriate court may transfer the case to another court

December 6, 2022

Transfer of trial – Apprehension of not getting a fair and impartial enquiry/trial is required to be reasonable and not imaginary

December 6, 2022

ARUL DANIEL v. SUGANYA, 2022 PLRonline 0490 (Mad.), (2022-4)208 PLRIJ 0033 (Mad.) (FB)

December 5, 2022
IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

DV Act, S.  12 – Proceedings under Section 12 of the D.V. Act is Civil in nature and not Criminal.

December 5, 2022
COI Art. 227 – Revision – Scope of interference is limited.

DVA S. 12 – “Whether a proceeding under Section 12 of the D.V. Act can be challenged under Article 227 of the Constitution or under Section 482 of Cr.P.C. ? 

December 5, 2022

Sarfaesi – Auction – Rule 9(4) –  Appears to be not as sacrosanct and the period can be extended

December 4, 2022

Sarfaesi – R. 9(4) – Four days’ delay which was caused in terms of the original auction notice, in deposit of the auction bid amount , in no manner, would frustrate or annul the auction proceedings

December 3, 2022
Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

SARFAESI – Typographical error – Mere typographical error due to inadvertence which has not caused any prejudice to the borrowers, that in itself could not be considered to be the ground to annul the process held by the secured creditor 

December 3, 2022

Sarfaesi – Writ petition – Alternate remedy – S. 17 dismissed – We deprecate such practice of entertaining the writ application by the High Court

December 3, 2022
Ad Hoc employees termination – Replacement with other Ad Hoc employees

Suit for specific performance – Earnest money refund of –  No prayer for an alternative relief for refund – Decree passed in favour of plaintiff for recovery of earnest money

December 3, 2022
COI Art. 227 – Revision – Scope of interference is limited.

[SC] Alternate remedy – Where an effective remedy is available to an aggrieved person, the High Court ordinarily must insist that before availing the remedy under Article 226 of the Constitution – Sarfaesi

December 3, 2022
Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

[SC] Security Interest (Enforcement) Rules, 2002- R. 9(4) – The period of fifteen days in Rule 9(4) is not that sacrosanct and it is extendable if there is a written agreement between the parties for such extension

December 3, 2022
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[SC] Natural Justice – The principles of natural justice have many facets. Two of them are: notice of the case to be met, and opportunity to explain. November 28, 2022
[SC] Powers of a court – Where the substantive power has been conferred upon a Court or Tribunal, all incidental and ancillary powers necessary for what is an effective exercise of the substantive power have to be inferred. November 28, 2022
[SC] NIA S. 118, 139 – Security cheque – No evidence to show any loan transaction – Burden of rebutting presumption under Ss.118 and 139 stand discharged – Acquitted November 28, 2022
Will – Defendants claimed title on the basis of registered Will – Order directing defendants to lead their evidence first, upheld November 26, 2022
Developer failed to complete construction of the demolished society – Interim prayer allowed restraining the developer from interfering in the act of getting the society developed through another builder / developer November 26, 2022
Will – Burden of proof in regard to a  Will November 26, 2022
Cheque – Forgery – It would be no defence to the banker, if the forgery had been that of a clerk of a   customer, that the latter had taken the clerk into his service without sufficient inquiry as to his character. November 25, 2022
Cheque – Fraud – Forgery – Signatures November 24, 2022
Fraud – “No man is bound by a bargain into which he has been induced by fraud to enter, because assent is necessary to a valid contract.” November 24, 2022
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  TRENDING
[SC] Natural Justice – The principles of natural justice have many facets. Two of them are: notice of the case to be met, and opportunity to explain. November 28, 2022
[SC] Powers of a court – Where the substantive power has been conferred upon a Court or Tribunal, all incidental and ancillary powers necessary for what is an effective exercise of the substantive power have to be inferred. November 28, 2022
[SC] NIA S. 118, 139 – Security cheque – No evidence to show any loan transaction – Burden of rebutting presumption under Ss.118 and 139 stand discharged – Acquitted November 28, 2022
Will – Defendants claimed title on the basis of registered Will – Order directing defendants to lead their evidence first, upheld November 26, 2022
Developer failed to complete construction of the demolished society – Interim prayer allowed restraining the developer from interfering in the act of getting the society developed through another builder / developer November 26, 2022
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