[SC] Evidence – Documents were presented as evidence without any objection from the defendants.
Documents were presented as evidence without any objection from the defendants. The documents were in proper custody and were part...
Bail – Granted – Admissibility of Panchanama under Section 27 requires further examination during trial. 2023 PLRonline 0107 (Bom.)
Bail - Charge-sheet reveals that no DNA sample was collected from Class-I heirs of the deceased - The body parts were...
CrPC S. 125 – Reasons for the petitioners not to be living along with the respondent cannot be adjudicated, in the proceedings u/s 125CrPC S. 125. [PLRonline ID # 455681]
(2023-3)211 PLR 144 (Kar.) = 2023 PLRonline 455681 HIGH COURT OF KARNATAKA (DHARWAD BENCH) Before: Justice C.M. Poonacha SMT. RENUKA...
Workmen’s Compensation Act, 1923 – Mere deposit of decretal amount with the Workmen’s Compensation Commissioner, would not suffice, if the judgment debtor wishes for the interest to stop running. [2023 PLRonline 0106]
NEW INDIA ASSURANCE COMPANY LTD. V. NAGARAJ, 2023 PLRonline 0106 (Kar.) Workmen's Compensation Act, 1923 - If the judgment debtor...
NIA S. 138 – Complaint filed against a partner without arraying the firm as an accused would not sustain.
Negotiable Instruments Act, 1881 S. 138 - Complaint filed against a partner without arraying the firm as an accused would...
[SC] NIA S. 138 – The accused can rely on their evidence or materials submitted by the complainant to rebut the presumption – Proof of financial capacity – Contradictions in the complainant’s statements can lead to the case being quashed.
Section 139 of the Negotiable Instruments Act presumes that if the execution of a cheque is admitted, it was issued...
NIA S. 138 requires notice and application for delay condonation if a complaint is late. Failure caused erroneous acquittal, leading to a retrial.
Negotiable Instruments Act, 1881 S. 138 - Delay in filing complaint - if the original complaint is filed after the...
CPC O. 6 R. 17- Amendment after 7 years – Evidence has started – Possibly a drafting error – Order allowing amendment – Upheld.
Anita v. Rita Kapadia , 2019 PLRonline 3503 2019 PLRonline 3503 ; Full Judgment with detailed headnotes for Online Subscribers...
CPC O. 2 R. 2 – CPC O. 6 R. 17 – Order II Rule 2 CPC bars subsequent suits if certain conditions are met. Amendments necessary for determining the real controversy are generally allowed, except when unjust or prejudicial. Amendments aiding proper adjudication and avoiding multiple proceedings are permitted. Amendments introducing time-barred claims, altering the suit’s nature, or losing a valid defense are disallowed. Courts should be liberal and avoid a hyper-technical approach, considering the dispute to render a satisfactory decision. Delay alone isn’t a ground for disallowing amendments, but when they completely change the suit’s nature, they must be rejected. [ID 404505]
Order II Rule 2 CPC operates as a bar against a subsequent suit if the requisite conditions for application thereof...
Drugs and Cosmetics Act – Bail – Prima facie requirement is to show he is in charge of, or responsible for the conduct of the business of the company, be it in any capacity and if he is the Director, Manager, Secretary or officer of the company it should be averred and shown that the offence took place with his consent or connivance or is also attributable to the neglect on the part of such person. [ID 454671]
SUNITA DHAWAN v. UOI, 2023 PLRonline 006, (2023-3)211 PLR 143 (SN) 2023 PLRonline 006 PUNJAB AND HARYANA HIGH COURT Before:-Mr....
Privacy and Social media – Is the constitutional core of human dignity. [(210) PLRIJ 041]
Privacy: Is seen as the ultimate expression of the sanctity of an individual. Dignity cannot be achieved without privacy. It...
CrPC S. 82, 83 – Issuing a proclamation under Section 82 doesn’t amount to any attachment unless the Magistrate specifically issues an order of attachment. [210 PLRIJ 043]
The Criminal Procedure Code, 1974, outlines two separate orders under Sections 82 and 83. Section 82 requires the court to...
CPC Order 1 Rule 10 – Strangers to a contract – Two tests – Specific Relief Act, 1963, Section 19 (a) to (e). SupremeCourtOnline [ID 219800 (SC)]
CPC Order 1 Rule 10 - Strangers to a contract Strangers to a contract who make independent and adverse claims...
Judicial reasoning – Removal of a member of a Municipality is a quasi judicial order and the competent authority is expected to give an outline of the process of reasoning by which the decision has been arrived at. PLRonline [ID 936216]
'order of removal of a member of a Municipality is a quasi judicial order and the competent authority is expected...
Land Acquisition – Whether a Local Displaced Person can be denied plot allotment solely based on a delay in approaching the appellant-Improvement Trust. PLRonline [ID 310501]
Ludhiana Improvement Trust Land Disposal Rules, 1964 and Utilization of Land and Allotment of Plots Rules, 1975. Whether a Local...