PLRonline.in

August 19, 2022

Sale of Secured Assets Through Private Treaty, circular 01.11.2017 – Constitution of India, Article 14, 226 - Vires - The ...

ACR – No basis has been disclosed while commenting upon the reputation of the employee. Such stale and unfounded ACRs could not stand in the way of the plaintiff or the determination of his case for the release of the selection grade and for consideration for promotion.

A judicious/quasi-judicious approach is supposed to be required on the part of the employer while recording sensitive remarks against the ...

CPC O. 9 R. 2 – Appeal – Appellants did not deposit the costs imposed by way of an earlier order – Taking a serious view of these lapses, the Appellate Court dismissed the appeal as against respondent Nos.2, 3 and 6, by taking recourse to Order 9 Rule 2 CPC – Application seeking recall of the orders dismissed – Order of the Appellate Court, may prove to be fatal, given the fact that they were amongst the plaintiffs in whose favour the suit was partly decreed – In effect, the entire appeal would stand at risk, even if it is continued as against the other respondents – Further, the explanation set out by the appellants in their application demonstrated that the lapses on their part were not serious enough – Order set aside – Petition allowed.

read HERE PLRONLINE 419387 PLRONLINE 419387

CPC O. 1 R. 15, O. 6 R. 17 – Amendment – Nature of suit is sought to be changed by turning it into a suit for declaration and permanent injunction instead of the original suit for permanent injunction only – Dismissal upheld. 2022 PLRonline 8254

CPC O. 47 R. 1 – Board cannot be permitted to contend that such material was not available with it at that time and therefore, it should be allowed to now make good the lapses on its part – The levels of competence of the Board’s officers, as per its rules, would have been available with the Board even then – A review application is not the means for a party to improve its case by belatedly producing material that was available with it all along – Further, even if accepted, this contention is of no avail as the warning issued to the writ petitioner was not withdrawn before initiation of the disciplinary proceedings.

read HERE PLRONLINE 416387 PLRONLINE 416387

Negotiable Instruments Act, 1881, 1881 (26 of 1881) Section 138 – Notice issued – Amount paid within the statutory period – Very cause for initiation of the complaint does not survive – Cannot accept the plea there are other dues and the amount was liable to be adjusted against the same – Proceedings quashed.

read HERE PLRonline 429574 PLRonline 429574

PLRonline 429574, (2022-3)207 PLR 418 (SC)

IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

Protection of Women from Domestic Violence Act 2005 – Tenancy – Dispute between husband and wife – Does not affect the landlords rights over the property

read HERE PLRonline 427574 PLRonline 427574

(2022-3)207 PLR 417 (SC), PLRonline 427574

Practice and procedure – Maintainability – Where an objection to the maintainability of any application/suit on an issue of law is not expressly dealt with, but the application/suit is entertained and disposed of on merits, the objection is deemed to have been rejected – The mere fact that an issue may not specifically have been dealt with, or reasons not specifically disclosed for decision on that issue, would not vitiate a judgment and order, that is otherwise correct.

August 17, 2022

read HERE 2022 SCeJ 1052 2022 SCeJ 1052

Negotiable Instruments Act, 1881, S. 143(A) – Interim compensation – An accused who had failed to deposit interim compensation can not be fastened with any other disability including denial of right to cross-examine the witnesses examined on behalf of the complainant.

August 17, 2022

read HERE (2022-3)207 PLR 397 (SC), 2022 SCeJ 1046 , PLRonline 403573 (2022-3)207 PLR 397 (SC), 2022 SCeJ 1046 , ...

An aurora blankets the Earth beneath a celestial night sky

IDA S. 17B – Reappointment and reinstatement

Service matter - Industrial Disputes Act, 1947, S.17B - Reappointment and reinstatement - Reinstatement means to return a person ...

CENTRAL BANK OF INDIA v. DRAGENDRA SINGH JADON, 2022 SCeJ 1052

ESTATE OFFICER HARYANA URBAN DEVELOPMENT AUTHORITY v. RAM MURTI DEVI , (2020-4)200 PLR 708 , PLRonline 419387

Motor Vehicles Act, 1988, Section 166 – Appeal – Claimants did not filed any appeal seeking enhancement of compensation awarded by the Tribunal before the High Court – Appeal filed by the Insurance Company was accepted – Appellant-Claimants held entitled to enhanced compensation in exercise of powers conferred under Article 142 of the Constitution.