2019 PLRonline 3015
2019 PLRonline 3015 SUPREME COURT OF INDIA Before: Justice Mohan M. Shantanagoudar and Justice Deepak Gupta, JJ. Criminal Appeal No. 1727 OF 2019 [Arising...
NIA S. 138 – cheques were given by way of security
NIA S. 139 Negotiable Instruments Act, 1881 (26 of 1881) – S. 138, 139 - Accused has admitted issuance of...
Matrimonial – If the parties have settled their differences and executed agreement, satisfaction of the decree has to be certified in the manner indicated under Order XXI Rule 2
CPC O.21 R.2 Civil Procedure Code, 1908 (V of 1908), Order XXI Rule 2 - Execution filed to recover past...
Settlement – Any mode of satisfaction of the decree will have to be certified in a manner indicated under Order XXI Rule 2 of CPC
CPC O.21 R.2 Civil Procedure Code, 1908 (V of 1908), Order XXI Rule 2 - Settlement - Any mode of...
CPC S. 27 – Presumption of service of notice
"14. Section 27 gives rise to a presumption that service of notice has been effected when it is sent to the correct...
CPC O.9 R.13 – Summons served, setting aside exparte decree – Rejected
Civil Procedure Code, 1908 (V of 1908), Order IX Rule 13, Order V Rule 9(5) - Summons issued by registered...
‘general provision should yield to special provision’
The well known principle of 'generalia specialibus general nonderogant' which is to be invoked in case of conflict between a...
Nonobstante clause – Statutory Interpretation
Criminal trial Interpretation of Statutes - Statutory Interpretation - Settled principle of statutory interpretation that a clause or a Section...
Where an act or an omission constitutes for an offence under two enactments the offender may be punished under either or both enactment but was not liable to be punished twice for the same offence.
Criminal trial IPC, Section 420, 408, 379 - Information Technology Act, 2000 Section 66 - if the special enactment in...
2019 PLRonline 1009 (Bom.) – GAGAN HARSH SHARMA v. STATE OF MAHARASHTRA
2019 PLRonline 1009 (Bom.) Bombay High Court Before: Justice Ranjit More , Justice Bharati H. Dangre, JJ. GAGAN HARSH SHARMA...
Double Jeopardy
The expressions ‘the same offence’, ‘substantially the same offence’, ‘in effect the same offence’ or ‘practically the same’, have not...
A prior general Act may be effected by a subsequent particular or a special Act
Interpretation of Statutes A well known principle of law that a prior general Act may be effected by a subsequent...
Two driving licences – One forged
Driving Licence Motor Vehicles Act, 1988 (59 of 1988) - S. 149 - Driver having two driving licences - The fact...
Person can not possess two driving licences at a given time
Driving Licence Motor Vehicles Act, 1988 (59 of 1988) - Service Matter - In any case, the driving licence, on which reliance...
Whether a person can have two driving licences, where the 2nd licence contains endorsements?
Driving Licence, MVA S. 166 United India Insurance Co. Ltd. Vs. D.A.V. Centenary Public School reported in III(2015) CPJ 227...