ALL KERALA DISTRIBUTORS ASSOCIATION, KOTTAYAM UNIT, REPRESENTED BY ITS SECRETARY v. THE STATE OF KERALA , PLRonline 402593
2022 PLRonline 0293 Supreme Court of India JUSTICE A. M. KHANWILKAR JUSTICE ABHAY S. OKA JUSTICE C. T. RAVIKUMAR ALL...
Central Excise Act S. 35L(b) – Composite contract – Once a lumpsum has been charged for the sale of CD (as in the case on hand) and sale tax has been paid thereon, the revenue thereafter cannot levy service tax on the entire sale consideration once again on the ground that the updates are being provided.
Central Excise Act, 1944 S.35L(b) – Composite contract - The sum and substance of the ratio of the case of BSNL ...
CrPC S. 311 – The first part of the statutory provision is discretionary while the latter part is obligatory – Section 311 contains a power upon the Court in broad terms – The statutory provision must be read purposively, to achieve the intent of the statute to aid in the discovery of truth
CrPC S. 311 - The first part of the statutory provision is discretionary while the latter part is obligatory -...
CrPC S. 91 , 311 – Fair trial – Relevant material – The summons to produce a document or other thing under Section 91 can be issued where the Court finds that the production of the document or thing “is necessary or desirable for the purpose of any investigation, trial or other proceeding” under the CrPC
CrPC S. 91 , 311 – Fair trial - Relevant material - Decoding registers - Order rejecting an application under...
CrPC S. 301 – Application for the summoning of witness and for production of the decoding register was submitted by the State – Bar contained in Section 301 does not stand in the way.
CrPC S. 301 - Application for the summoning of witness and for production of the decoding register was submitted by...
Varsha Garg v. State of Madhya Pradesh , 2022 SCeJ 0916 , PLRonline 427509
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CrPC, S. 311 – Evidence Act, S. 165 – A criminal court cannot remain a silent spectator – It has got a participatory role to play and having been invested with enormous powers under Section 311 CrPC, as well as Section 165 of the Evidence Act
CrPC, S. 311 - Evidence Act, S. 165 - A criminal court cannot remain a silent spectator - It has...
PLRonline 318491
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Set off – For forfeiting the amount of earnest money, the defendant is not required to prove damages.
Set Off – The plea of set off can be availed in a suit for recovery of money where the...
SATNAM SINGH (SINCE DECEASED) THROUGH HIS LEGAL REPRESENTATIVE v. PARAMJIT SINGH, PLRonline 485573
(2022-3)207 PLR 374 PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Anil Kshetarpal. SATNAM SINGH (SINCE DECEASED) THROUGH HIS LEGAL...
CPC O. 21 R. 32 – Executing Court is required to arrive at a finding that the JD has wilfully disobeyed the decree – If no such material is there , has ot dismiss the execution petition.
Civil Procedure Code, 1908 (V of 1908) Order 21 Rule 32 – Before passing an order under O. 21 R....
PLRONLINE 488573
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NIA S. 138 – Friendly Loan – Mere fact that signatures on cheque were not disputed – “debt or other liability” not proved.
NIA S. 138 - Complaint and legal notice contains no pleadings that the cheque was issued for discharge of "debt...
ANOOP SINGH v. DAL SINGH, (2022-3)207 PLR 313
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Estoppel – Sale of House – Once the plaintiff has sold the house with a passage he can not stop the defendant from using the same as a joint passage
Sale of House – Once the plaintiff has sold the house in question to the defendant, while projecting that the...