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CrPC S. 482 – Judicial comity and judicial discipline demands that higher courts should follow the law – High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of the said settled legal position. [PLRonline 438700]

High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of ...

CrPC S. 482 – Sarfaesi – Discretion has been conferred on the High Court to pass the interim orders in exceptional cases for not taking coercive steps against the accused pending the proceedings, particularly when the proceedings under the SARFAESI Act were initiated against the borrowers. [PLRonline update]

CrPC S. 482 - Sarfaesi - Discretion has been conferred on the High Court to pass the interim orders in ...

Civil Procedure Code, 1908 (V of 1908) Order 39 Rule 1 and 2 – Property – Dispute with regard to identity of the property – Status quo – It would be appropriate for the parties to maintain status quo with regard to their possession. [PLRonline 417502]

Civil Procedure Code, 1908 (V of 1908) Order 39 Rule 1 and 2 - Property - Dispute with regard to ...

[SC] Motor Vehicles Act, – Composite negligence – Head on collision – Only 50% amount awarded to the claimant by the tribunal as the other vehicle was not impleaded – High Court granted liberty to the appellants to file a separate claim for payment of the remaining amount – Set aside – Insurer liable to pay full amount and recover. [PLRonline 417503]

Motor Vehicles Act, - Composite negligence – Head on collision - No reason for the High Court to compel them ...

CPC O. 6 R. 17 read with O. 1 R. 10 – Application seeking impleadment of subsequent purchaser, as well as incorporating the necessary averments in the plaint – May not be a necessary party but cannot be said that the presence of the purchaser in the suit proceedings would be improper also. (PLRonline ID 46513)

Suit property, the subject matter of the agreement to sell has been transferred in favour of a third party - ...

Proprietorship – Proprietory concern – A proprietory concern and the proprietor are one and the same and that they cannot be treated as separate juristic entities – The proprietary concern derives its identity and individuality from the proprietor and subsumes itself in the proprietor – Segregation of the two is incomprehensible in law. [PLRonline ID 40614]

Haryana Real Estate Regulation and Development Rules, 2017 Rule 9, 10 - Registration of Real Estate Agents - Registration Fee ...

Sole proprietorship – Is one that is run by a natural person – There is no legal distinction between the owner and the business entity – It is the owner who is in control of all the elements of the proprietorship. [PLRonline]

Status of an individual vis-a-visa ‘sole proprietorship’. “10 Legal position in this regard is settled. The phrase Sole Proprietorship is ...

Banking – Foreclosure / pre-payment charges – Sole proprietor – Although the loan was sanctioned in the name of a sole proprietorship firm, the natural person owning the sole proprietorship firm is liable – In law, therefore, the bank sanctioned credit facility to a natural person, albeit in the name of the sole proprietorship firm owned by such natural person – bank not entitled to such charges . [PLRonline]

“Reserve Bank of India by its circular dated May 7, 2014 dealt with the levy of foreclosure charges/prepayment penalty on ...

Banking – Loan agreement – Contract – Handwritten terms – Hand-written lines in clause 10 of the Letter of arrangement incorporated entitling to take over charges – Documents in the original agreement never contained the same – Bank not entitled to charges. [PLRonline 33013]

The documents which were supplied by Bank at the time of renewal and the documents downloaded from e-mail, did not ...

Rent Act – East Punjab Urban Rent Restriction Act, 1949 – S. 13 – Bone fide need – Landlord has every right to start his own business in his own premises as per his desire – It is his moral duty to settle down his grown up sons during his lifetime.

Thus, the findings given by the learned Rent Controller as well as by the learned Appellate Authority on issue No.1-A ...

[SC] Hindu Marriage Act, 1955, S. 13(1)(ia) and (ib) – Divorce – Cruelty and desertion –- Intention on the part of the respondent to resume cohabitation is not established – An inference can be drawn that there was animus deserendi on the part of the wife – Has not pleaded and established any reasonable cause for remaining away from her matrimonial home. [2022 PLRonline 0601]

Hindu Marriage Act, 1955, Section 13(1)(ia) and (ib) - Divorce - Cruelty and desertion –- Merely because on account of ...

Contempt of Courts Act – Mere delay in complying with the order, unless there is a deliberate or wilful act on the part of the alleged contemnors would not attract the provisions of Contempt of Courts Act. (2024-1)213 PLR 082 (SC)

Delay in compliance of order - High Court observed that in the absence of any explanation for the delay, it ...

CONTEMPT | Court deems it fit and appropriate to issue a show cause notice upon the Presiding Officer, DRT-2, Chandigarh, for the latter making an explanation to this Court as to why proceedings for contempt be not initiated against him for his making the above miscommunication, which but is prima facie completely ridden with lies. [PLRonline.in]

It is evident that CCTV cameras are installed within the Court room of the Presiding Officer, DRT-2, Chandigarh, therefore the ...

Negotiable Instruments Act, 1881 – S. 138 – Loan agreement executed at Hyderabad – Cheque was issued at Hyderabad – Respondent/Complainant Financial institutions have their offices at Hyderabad – Entire cause of action for filing the present complaints under S. 138 has accrued at Hyderabad – Yet the complaint has been submitted before the Court at Calcutta, Jaipur and Gurugram only to harass the petitioners – Stay of further proceedings. [#PLRonline]

SUPREME COURT OF INDIA VENAGRO & ORS. - Petitioner(s) Versus INCRED FINANCIAL SERVICES LTD (ERSTRWHILE KNOWN AS VISU LEASING FINANCE ...

[SC] CPC O. 39 R. 1 – When a mandatory injunction is granted at the interim stage much more than a mere prima facie case has to be made out – Revisional jurisdiction under section 115 CPC is to be exercised to correct jurisdictional errors only – CPC S. 115 [ ID# 3310205]

CPC O. 39 R. 1 , CPC S. 115 - Application under Order 39 Rule 1 dismissed by the ...

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CrPC S. 482 – Judicial comity and judicial discipline demands that higher courts should follow the law – High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of the said settled legal position. [PLRonline 438700]

Civil Procedure Code, 1908 (V of 1908) Order 39 Rule 1 and 2 – Property – Dispute with regard to identity of the property – Status quo – It would be appropriate for the parties to maintain status quo with regard to their possession. [PLRonline 417502]

Sole proprietorship – Is one that is run by a natural person – There is no legal distinction between the owner and the business entity – It is the owner who is in control of all the elements of the proprietorship. [PLRonline]

Banking – Loan agreement – Contract – Handwritten terms – Hand-written lines in clause 10 of the Letter of arrangement incorporated entitling to take over charges – Documents in the original agreement never contained the same – Bank not entitled to charges. [PLRonline 33013]

Rent Act – East Punjab Urban Rent Restriction Act, 1949 – S. 13 – Bone fide need – Landlord has every right to start his own business in his own premises as per his desire – It is his moral duty to settle down his grown up sons during his lifetime.

Contempt of Courts Act – Mere delay in complying with the order, unless there is a deliberate or wilful act on the part of the alleged contemnors would not attract the provisions of Contempt of Courts Act. (2024-1)213 PLR 082 (SC)

[SC] CPC O. 39 R. 1 – When a mandatory injunction is granted at the interim stage much more than a mere prima facie case has to be made out – Revisional jurisdiction under section 115 CPC is to be exercised to correct jurisdictional errors only – CPC S. 115 [ ID# 3310205]

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