2015 PLRonline 0107
LogIN with PLRonline subscription Evidence act S. 112 – DNA test - Presumption is rebuttable
Suit for specific performance – Readiness and Willingness – Mortgage – Except for the solitary statement in the plaint no evidence whatsoever was led on behalf of the respondent – Not entitled to specific performance.
Suit for specific performance – Readiness and Willingness - Mortgage - Except for the solitary statement in the plaint no...
MOHINDER KAUR v. SANT PAUL SINGH, 2019 PLRonline 3301
LogIn with SupremeCourtOnline Power of attorney – Statement of Respondent gave a power of attorney on 02.11.1989 to PW1 -...
Power of Attorney – Power of sale vested – Sale-deed executed – Is valid – Passing of sale consideration to the power of attorney holder and whether the money has passed to the real owner or not, same is between real owner and the attorney and as such sale transaction cannot be held to be invalid.
Mr. Avnish Mittal, for the appellant. Mr. Puneet Bali, Senior Advocate with Mr. Shivam Sharma and Mr. Vishwajeet Singh, for...
HMA S. 13(1)(ia) – Mental cruelty – In case of mental cruelty it will not be a correct approach to take an instance of misbehavior in isolation and then pose the question whether such behaviour is sufficient by itself to cause mental cruelty – The approach should be to take the cumulative effect of the facts and circumstances
Hindu Marriage Act, 1955, S. 13(1)(ia) – Cruelty - What is the meaning and import of the expression 'cruelty' as...
PARVEEN MEHTA V. INDERJIT MEHTA, 2002 PLRonline 0006
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CPC O. 9 R. 13 – Ex parte judgment – Set aside with costs of Rs 1.5 lacs.
CPC Order IX Rule 13 - Respondents instituted civil suit of 2004 for specific performance of the contract on the...
2015 PLRonline 0106
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NDPS – Bail – Petitioner was not apprehended from the spot – No recovery is to be made from the petitioner – His name surfaced in a disclosure statement –
Mr. Suram Singh Rana, for the petitioner. Ms. Gurmeet Kaur Gill, Sr. Panel Counsel, Union of India NCB Criminal Procedure...
Constitution of India , Article 226 – ‘error of jurisdiction’ – Discretionary exercise of jurisdiction by the High Courts under Article 226(1) when the contention could be raised and decided by the Tribunal having exclusive jurisdiction
Constitution of India , Article 226 - ‘error of jurisdiction’ - Discretionary exercise of jurisdiction by the High Courts...
2020 PLRonline 5017 (SC)
LogIn with SupremeCourtonline Subscription Constitution of India , Article 226 - ‘error of jurisdiction’ - Discretionary exercise of jurisdiction by...
Contract/agreement – Laws applicable at the time of contract/agreement shall be applicable
Contract/agreement - Laws applicable at the time of contract/agreement shall be applicable - Parties shall be governed by the laws...
CPC S. 151 , CPC O.18 R.17 – Additional evidence – When the documents sought to be produced in additional evidence goes to the root of the matter, the Court should have been more pragmatic and magnanimous particularly when the dispute is with regard to the public property.
Vijay Sharma, for the petitioner CPC S. 151 , CPC O. 18 R. 17 - Under Section 151 CPC, the...
2022 PLRonline 7465
LogIn with PLRonline subscription Civil Procedure Code, 1908 (V of 1908) Section 151, Order 18 Rule 17 - Under Section...
Suit for Declaration – A non-party to the document is not required to seek annulment thereof – No ad valorem court fee is payable
Mr. Jaskamal Singh Grewal, for the petitioner Suit for Declaration – Plaintiff is not seeking possession - The plaintiff...