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- Words and Phrases

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 ...

MVA S. 166 – If a Tribunal constituted under the Motor Vehicles Act, while deciding a petition under S. 166 of the Act, comes to the conclusion that the petition is not maintainable under the provisions of Section 166, then it can not convert itself into a Commissioner under the Employee’s Compensation Act and thereafter, decide the claim petition accordingly. [PLRonline 480687]

Driver / Employee of owner died while trying to extinguish fire in the tanker - Tribunal returned the findings that ...

Motor Vehicles Act S. 166 – When a Tribunal, established under the Motor Vehicles Act, adjudicates a petition filed under S. 166 and determines that the petition is not maintainable under the said section, it lacks the authority to transform its role into that of a Commissioner under the Employee’s Compensation Act and pass an award. [ID# 480687]

MVA S. 166 – When the MACT had come to the conclusion that the claim petition filed before it under ...

Streedhan – Whether the wife receives gold ornaments from her parents or her in-laws, the gold ornaments received in marriage by wife becomes her streedhan – Husband has mortgaged the wife’s streedhan for raising loans – Directed to clear the loan. (ID#444601)

Hindu Marriage Act, 1955 S. 13(1)(ia) - Cruelty - A partner in matrimonial relationship who goes to the extent of ...

Tenancy and Rent Act – Mesne profits – Contractual rent comes to an end when eviction order is passed. The Court should balance the competing claims between mesne profits at market rate and reasonable compensation for landlord. (ID #321901)

Mesne profits - Interest - Damages normally would have to include the component of accrued interest and only after the ...

Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials – Draft Criminal Rules On Practice, 2021 . 2021 PLROnline 5300

In Re: To Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials v. State of Andhra Pradesh (SC) : ...

Hire purchase – Repossession – Purchaser remains merely a trustee/bailee on behalf of the financier/financial institution and ownership remains with the latter – Thus, in case the vehicle is seized by the financier, no criminal action can be taken against him as he is re-possessing the goods owned by him. [PLRonline #1324501]

Hire purchase - In an agreement of hire purchase, the purchaser remains merely a trustee/bailee on behalf of the ...

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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]

Streedhan – Whether the wife receives gold ornaments from her parents or her in-laws, the gold ornaments received in marriage by wife becomes her streedhan – Husband has mortgaged the wife’s streedhan for raising loans – Directed to clear the loan. (ID#444601)

Tenancy and Rent Act – Mesne profits – Contractual rent comes to an end when eviction order is passed. The Court should balance the competing claims between mesne profits at market rate and reasonable compensation for landlord. (ID #321901)

Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials – Draft Criminal Rules On Practice, 2021 . 2021 PLROnline 5300

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