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PUNJAB LAW REPORTER | Started in 1900 by Lala Dharam Dass Suri

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

CPC O. 39 R. 1 – Co-sharers – Mere raising of construction on joint property by one of the co-sharers cannot be termed to be an act of ouster of other co-sharers – Status quo, vacated

Mr. Sandeep Yadav, for the petitioner. Ms. Sehaj Sandhawalia, for Resps Civil Procedure Code 1908 (V of 1908) Section 151...

(2022-3)207 PLR 014 , 2022 PLRonline 2570

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Practice and Procedure – Judicial propriety – General observations by High Court deprecated

Whether principle of estoppel and acquiescence will prevail over statutory service rules prescribing the procedure for promotion of ClassIV employees to ClassIII working in the Banaras Hindu University BHU, Varanasi, a Central University? Principle is that principle of estoppel cannot override the law.

Constitution of India, Arts.226, 16 – Evidence Act (1872), S.115 – Promotion of Class-IV employees to Class-III – Whether principle...

2022 SCeJ 795

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POEMS&CRIMES Street Art

IPC S.100 – Right of private defence – Is necessarily a defensive right which is available only when the circumstances so justify it – Such an act of private defence should have been done in good faith and without malice.

Penal Code (1860), S.100 – Right of private defence – Is necessarily a defensive right which is available only...

2022 SCeJ 0785

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Limitation Act S. 5 – Merely because sufficient cause has been shown, a party is not entitled to the condonation of delay in question as a matter of right if sufficient cause is not proven – Commercial Courts Act 2015

Partial Compromise – Quashing – Allowed.

Mr. Hitesh Verma, for the petitioner. Mr. Sarabjit S. Cheema, AAG, Punjab. Mr. Durga Dutt Sharma, for respondent No.2. Criminal...

(2022-3)207 PLR 098 , 2022 PLRonline 0970

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(2022-3)207 PLR 094 , 2022 PLRonline 0570

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CrPC S. 439 – Bail applications – Victim – It shall be obligatory upon the High Court to provide them a legal aid counsel with adequate experience in criminal law

NI S. 143-A – Not mandatory – Court granted interim compensation under just in a routine manner and there is no application of mind as to why the said compensation has to be awarded

Negotiable Instruments Act, 1881 S. 143(A) - Trial court directed the petitioner to pay interim compensation to the tune of...

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

IPC, S. 376 – Complainant resiled from her statement that rape was committed on her – SP directed to conduct an enquiry to teach a lesson to the persons like the complainant who are making mockery of law by misusing the provisions of law

IPC, S. 376 - CrPC S. 438, 164, 161 - Complainant stated that forcefully the applicant committed rape with...

Law declared by the higher court in the State is binding on authorities and tribunals under its superintendence and they cannot ignore it – No Court or Tribunal and for that matter any other authority can ignore the law stated by this Court

Practice and Procedure - Law declared by the higher court in the State is binding on authorities and tribunals under...

Sardool Singh Sucha Singh v. Harneet Kaur , 2020 PLRonline 5200

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GAGAN AGRAWAL v. STATE OF MADHYA PRADESH, 2022 PLRonline 0290

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CPC O. 6 R. 17 – The admission, as such, which was made regarding the relationship was, thus, sought to be withdrawn by way of proposed amendment and a totally new and inconsistent case is sought to be set up and would cause serious prejudice to the plaintiffs and alter the character of action – Not permissible

Civil Procedure Code, 1908 (V of 1908) Order 6, Rule 17 – In the written statement filed, it was admitted...

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