PLRonline.in

May 9, 2023

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

Limitation Act, S. 5 – Appeal by government – Delay of more than 4 years

State of Bihar through District Magistrate v. Suchit Halwai, 2017 PLRonline 0207 Supreme Court of India J. Chelameswar J. , ...

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

1. Ordinarily a litigant does not stand to benefit by lodging an appeal late. 2. Refusing to condone delay can ...

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

2012 PLRonline 9001 (SC) SUPREME COURT OF INDIA Jagdish Singh Khehar J; B.S. Chauhan J Chhanga Singh v. Union Of ...

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)]

2015 PLRonline 0205 (SC), Periyar And Pareekanni Rubbers Ltd. v. State Of Kerala SUPREME COURT OF INDIA V. Gopala Gowda ...

Limitation Act S. 5 – Merely because sufficient cause has been shown, a party is not entitled to the condonation of delay in question as a matter of right if sufficient cause is not proven – Commercial Courts Act 2015

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]

May 2, 2023

CIRP proceedings / Resolution Plan stayed by PUNJAB AND HARYANA High Court | Counsel for the Financial Creditor was also ...

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

April 30, 2023

2020 PLRonline 5206 (NCLAT) NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI Acting Chairperson [Justice Anant Bijay ...

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]

2022 PLRonline 1429504, 2022 SCeJ 1418 SUPREME COURT OF INDIA M.R. Shah J. B.V. Nagarathna J. Bangalore Development Authority v. ...

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]

2022 SCeJ 1409, 2022 PLRonline 1410504 SUPREME COURT OF INDIA Indira Banerjee J. J.K. Maheshwari J. SRIRAM HOUSING FINANCE AND ...

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

2020 SCeJ 2140, (2021-1)201 PLR 117 (SC) SUPREME COURT OF INDIA Before : Justice Dr. Dhananjaya Y. Chandrachud, Justice Indu ...

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

2021 PLRonline 9097 PUNJAB AND HARYANA HIGH COURT Ashok Kumar Verma J. HARPREET KAUR v. STATE OF PUNJAB CRWP- 10399 ...

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

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.

While the attempt of the banks and financial institutions to minimize their losses makes good business sense, there cannot be ...

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

April 19, 2023

KARNATAKA HIGH COURT H.B.Prabhakara Sastry J. SRI.M. SURENDRA RAO v. SRI. M. RAVEENDRA RAO AND OTHERS — Respondent Writ Petition ...

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

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]

April 18, 2023

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]