IBC Section 7, consciously uses the expression “default” – not the date of notifying the loan account of the corporate person as NPA.
IBC Section 7, - Default - NPA - Ordinarily, upon declaration of the loan account/ debt as NPA that date ...
CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]
Civil Procedure Code, 1908 (V of 1908) Order 6 Rule 17 - Every amendment in the prayer clause does not ...
IPC S. 306 – Abetment to suicide – Instigation – Mens rea – What is Abetmenrt ? – Refusal to marry – Accused on asking of the deceased had simply refused to marry her which is not a positive act on his part with any intention to abet the crime of suicide. [ID 415774]
(i) Indian Penal Code, 1860 (45 of 1860), Section 107, 306 - Abetment to suicide – Instigation – Mens rea ...
All the rules of procedure are the handmaid of justice.
Reference can be made to the observation made by Supreme Court in Kailash v. Nanhku 2005(4) SCC 480, wherein it ...
CPC O. 39 R. 1 and 2 – Injunction restraining the petitioner from interfering with the respondent’s possession upheld. Petitioner’s claim of purchasing a share from a co-sharer rejected due to lack of evidence of possession by the co-sharer or the petitioner. Undivided shares can be sold but possession requires partition by metes and bounds. Injunction properly granted; petition dismissed. [ID 213901]
CPC O. 39 R. 1 and 2 - Injunction restraining the petitioner from interfering with the respondent's possession upheld. Petitioner's ...
Suit for permanent injunction – Co-sharer – A co-sharer cannot claim exclusive possession without a formal partition by metes and bounds. The vendee’s right to possession arises only after partition, ensuring fair division among all co-owners. 2010 PLRonline 0103 PH
2010 PLRonline 0103 PH . PUNJAB AND HARYANA HIGH COURT JUSTICE VINOD K. SHARMA Bhupinder Singh & others.......... Appellants Versus ...
COI Art. 136 – Appeal – Evidence – Reappreciation of .
In an appeal under Article 136 of the Constitution of India, ordinarily this Court will not engage itself in reappreciation ...
NDPS S. 15, 29, 37 – CrPC S. 439 – Commercial quantity – Regular bail – Petitioner is in custody for last 1 year and 10 days; out of a total of 18 prosecution witnesses, none has been examined – Further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India. [ID#430771]
2024 PLRonline 15 = (2024-3)215 PLR 129 (SN) = Punjab and Haryana High Court Before: Aman Chaudhary, J. Rashid Hussain Thoker ...
Constitution of India, Art. 15(4) – is not an exception but only makes a special application of the principle of reasonable classification. Article 15(4) does not make any mandatory provision for reservation and the power to make reservation under Article 15(4) is discretionary and no writ can be issued to effect reservation. [PLRonline ID 228200]
Apex Court laid down that Article 15(4) of the Constitution is not an exception but only makes a special application ...
Ombudsman – Performs the duties in the nature of quasi judicial Tribunal – Award in favour of the Complainant shall state the amount of compensation granted to the Complainant .[ID#442768]
The Ombudsman's conclusion that the insurer's willingness to cover overseas medical expenses implies liability for subsequent treatment in India was ...
Bail – As per custody certificate, petitioner, who is a young man aged 22 years, has already suffered incarceration for about 01 year 10 months and 15 days & is not shown to be involved in any other case – Bail granted – IPC, Sections 354- B, 376DA, 506, 216 – POCSO Act, Section 6
BNSS, 2023 Section 483 - Court does not deem it appropriate to delve deep into the contentions, at this stage, ...
Sarfaesi – Charge – Priority – Lien of the Bank as per Section 26 D noted and entered in the CERSAI much prior to the charge created by the department – Banks charge has priority. 2024 PLRonline 413768
Secured Debt – Red entry/ Lien by Excise and Income Tax department – Prior Right – Llien of the Bank as ...
NEW BUS STAND SHOP OWNERS ASSOCIATION v. CORPORATION OF KOZHIKODE, 2009 PLRonline 016, [#127100]
. 2009 PLRonline 016 SUPREME COURT OF INDIA Before :Justice Markandey Katju and Justice Asok Kumar Ganguly. The NEW BUS STAND SHOP OWNERS ASSOCIATION - Appellant Versus CORPORATION OF ...
Lease and Licence
Difference between a lease and licence
Constitution of India, Article 22 – NDPS S. 3, 9, 11 – Preventive Detention – Whether an order of Preventive detention could have been passed solely on the basis of past involvement of the accused in the cases under the NDPS Act and formation of an opinion about the likelihood of the involvement of the suspect in further offences as well on the basis of the antecedents ? [2024 PLRonline 011 , 2024 PHHC 081331]
Narcotic Drugs and Psychotropic Substances Act, 1988,Section 3 - Whether Section 3 can be exercised as a means of enforcement ...