CPC O. 12 R. 6 – Unless the admission is clear, unambiguous and unconditional, the discretion of the Court should not be exercised. [SC]
“10. It is true that a judgment can be given on an admission contained in the minutes of a meeting. ...
Transfer of Property Act S.106 – Rent Act – Filing of an eviction suit under general law serves as a notice to quit to the tenant without the requirement of a separate notice under Section 106. 2007 PLRonline 0105 (SC)
Transfer of Property Act, Section 106 and Delhi Rent Control Act, 1958 - Filing of an eviction suit under general ...
Sarfaesi S. 17 – Limitation – Interim stay by High Court. [ 2022 PLRonline 0606 (SC)]
Sarfaesi S. 17 - 17 – DRT dismissed the application under Section 17 having being filed after the prescribed 45-day limitation ...
Sarfaesi S. 13(2) – Notice to legal heirs – S. 13(4) – whether personal service is necessary in addition to affixation | 2010 PLRonline 0102
Sarfaesi S. S. 13(2) - Whether the notice under sub-section (2) of Section 13 should be issued to the legal ...
Sarfaesi – Dead person – The proceeding conducted against a dead person is bad in law – LRs of borrowers/respondent not brought on record – Notice to one LR is not notice to all. (2013 PLRonline 0110 – DRAT)
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Dead person - Sale - . ...
Sarfaesi – Proceedings against a dead person – Bad in law. 2021 PLRonline 5302
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Dead person - Sale - . ...
Mentioning of the wrong provision or non-mentioning of a provision in an application does not invalidate an order if the Court and/or statutory authority had the requisite jurisdiction therefore.
. P.K. Palanisamy v. N. Arumugham and another, SLP (Civil) No.2308 of 2009 decided on 23.07.2009
Judgment is a precedent for the issue of law that is raised and decided.
It is well settled that a judgment is a precedent for the issue of law that is raised and decided. ...
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 ...
