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Practice and Procedure – Judicial propriety – General observations by High Court deprecated

Rent – Mesne profits – While fixing the mesne profits, registered lease deeds are a valid parameter and a toolbar to fix the mesne profits.

While fixing the mesne profits, registered lease deeds are a valid parameter and a toolbar to fix the mesne profits. ...

Safaesi S. 13(3A) – Reply to notice by an Advocate on behalf of the Authorised officer is valid

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(3A) – Reply to notice by ...

CPA – Auction purchaser is not a consumer – Not Maintainable

13. Based on the above discussion and examination, we are of the view that first of all the Respondent auction ...

CPA – Auction Purchaser

This must be borne in mind that this land was purchased by auction. Our intention was not invited towards any ...

Dharam Pal v. State Of Haryana , 2013 PLRonline 0103

Supreme Court of India Altamas Kabir, Surinder Singh Nijjar, Ranjan Gogoi, M.Y. Eqbal, Vikramajit Sen Dharam Pal v. State Of ...

[P&H] Service Matter – Waiting list – It was observed that petitioner has not been able to establish if any waiting list was prepared and merely because a waiting list was required to be prepared as per the instructions, would not mean that if the waiting list was not prepared initially, then the same should be prepared and merit seen at this stage

Service Matter - Waiting list - It dealt with a case where the petitioner sought issuance of a direction to ...

Courts – Power of the courts/judicial authorities to mould relief

CPA – Auction purchaser is not a consumer

“There is no hiring or availing of services by the person bidding at the auction. Nor is the seller or ...

Legal Services Authority Act – PLA , assumed a judicial role, heard parties, ignored the absence of consensus, and increased the compensation to an extent it considered just and reasonable – Such an order is not an Award

Court expressed its dismay with the manner in which the Lok- Adalat matters are dealt with. Chief Justice of India ...

OTS – Banking – Corporation was bound to condone the delay and it was not open to the Corporation to reject the offer made under one time settlement scheme, after accepting the entire amount

OTS – Banking - Once one time settlement has already been offered , the Corporation was bound to condone the ...

Judicial precedent – Circumstantial flexibility, one additional or different fact may make a world of difference between conclusions in two cases. Disposal of cases by blindly placing reliance on a decision is not proper.

11. Reliance on the decision without looking into the factual background of the case before it is clearly impermissible. A ...

Judicial Precedents

Peculiar facts of each case are to be examined, considered and appreciated first, before applying any codified or judge made ...

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.

While rejecting the claim of the persons who were sought to be regularized and who had taken a shelter of ...

Transfer of Property Act, 1882, Section 58 (c) – ‘mortgage by conditional sale’ and ‘sale with condition of retransfer’ . [2006 SupremeCourtOnline 0104]

Transfer of Property Act, 1882, Section 58 (c) - 'mortgage by conditional sale' and 'sale with condition of retransfer' . ...

Mesne Profits – Are to be considered on the basis of evidence led before the Court

Tenancy and Rent Act Mesne Profits - Are to be considered on the basis of evidence led before the Court ...

Cr.P.C., S. 205, 317 – Magistrate shall grant exemption to the petitioners from personal appearance and will permit them to be represented through the counsel till their application under Section 245 Cr.P.C is decided. [ID 210800]

Full Judgment with detailed headnotes for Online Subscribers (opens automatically) (Click to subscribe Trial Pack) 2005 PLRonline 0009 PUNJAB & ...