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Punjab Law Reporter

Environment – Ponds – Encroachments – Directions

Arbitration and Conciliation Act, 1996 S. 11(6) – When the parties have agreed to the have the “venue” of arbitration at Bhubaneshwar, the Madras High Court erred in assuming the jurisdiction under Section 11(6) of the Act.

Court while dealing with a domestic arbitration considered clause 18 - which was the arbitration agreement between the parties -...

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

Ratio decidendi

A judgment must be read as a whole, so that conflicting parts may be harmonised to reveal the true ratio...

Service matter – Quantum of punishment in disciplinary matters – factors

Arbitration Act 1996 – S. 34 – Once the “Seat” has been chosen, it would then amount to an exclusive jurisdiction clause so far as Court of the Seat is concerned.

It has been held by the Hon'ble Supreme Court that if both the parties have chosen the seat of arbitration...

[P&H] CrPC S. 389 – Directions contained in ‘Dharampal v. State of Haryana’, 1999 (4) RCR (Criminal) 600 are only in the nature of guidelines and the same should not be observed as an invariable rule. (2022-2)206 PLR 197, 2022 PLRonline 0861

Mr. Naresh Jain, for the applicant/appellant No.1. Mr. Ankur Mittal, Addl. Advocate General, Haryana with Mr. Saurabh Mago, Asstt. Advocate...

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

[SC] Constitution of India – List I Entry 40 , List II Entry 34 and 62 – ‘betting and gambling’

Constitution of India - Entry 40 of List I and Entries 34 and 62 of List II - Whether there...

[SC] Lotteries and gambling – ‘lotteries’ are a species within the genus of ‘gambling.’

Lotteries and gambling - ‘lotteries’ are a species within the genus of ‘gambling.’ - One of the essential features of...

[SC] Constitution of India – ‘betting and gambling’ in Entry 34 of List II

Constitution of India - ‘betting and gambling’ in Entry 34 of List II (i) That the subject ‘betting and gambling’...

[SC – 23.3.22] Constitution of India – Interpretation of the Entries of the Lists of the Seventh Schedule of the Constitution:

Constitution of India - Interpretation of the Entries of the Lists of the Seventh Schedule of the Constitution: 1. The...

[SC – 29.3.22] Limitation Act 1963 S.18 – IBC S. 8, S.9 – Affect of cheques issued alongwith a covering letter – Failure of the NCLAT as the first appellate authority to look into a very vital aspect vitiates its order. 2022 SCeJ 0416, 2022 PLRonline 1794

LogIn with SUPREME COURT e@JOURNAL subscription for full text / Download Limitation Act 1963 S.18 - Insolvency and Bankruptcy Code...

[SC – 29.3.22] Motor Vehicles Act 1988 S. 166 – Injured – Aged 5 years – Accident 2010 – Minimum wages of 2010 taken as income – 40% future prospects – Not able to move both his legs and had complete sensory loss in the legs, urinary incontinence, bowel constipation and bed sore – Rs. 49,93,000/- awarded. 2022 SCeJ 0406 , 2022 PLRonline 1794

Petitioner Counsel: DEVASA & CO. , Respondent Counsel: SHASHANK MANISH LogIn with SUPREME COURT e@JOURNAL subscription for full text /...

[SC – 24.03.2022] CrPC S.188 – POCSO S. 8 – Minor victim lured from Nepal – As a part of the offence was definitely committed on the soil of this country and as such going by the normal principles the offence could be looked into and tried by Indian courts. 2022 SCeJ 0406 , 2022 PLRonline 1794

[SC – 24.03.2022] Appointment – Qualification – The parameters to be applied to a case where an incumbent to a post does not fulfil the qualifications prescribed for a post, are different from the parameters to be applied to a case where no specific qualifications are prescribed for a particular post – The question as to what constitutes “relevant subject” should have been left to the experts, before the advertisement was issued, especially when the statutes did not prescribe any specific qualifications . 2022 SCeJ 0400, 2022 PLRonline 1194

LogIn with SUPREME COURT e@JOURNAL subscription for full text / Download Service matter U.P. State Universities Act, 1973 - S.25(1)(c),...

Qualification – Expression “equivalent qualifications” has a different connotation than the expression “relevant subject”.

Expression “equivalent qualifications” has a different connotation than the expression “relevant subject”. Court was concerned with the interpretation of the...

Appointments – Qualification – “relevant subject” –

Court was concerned with a case where applications were invited for appointment to the post of Lecturer in MCA, from...

[SC] Land Acquisition Act 1894 S. 4, S.18 – Deductions required to be made when considering transactions pertaining to small developed plots, for determining compensation of large areas – Deduction of 40% instead of 33% allowed. 2022 SCeJ 0392

LogIn with SUPREME COURT e@JOURNAL subscription for full text / Print Land Acquisition Act, 1894 - S.4, S.18 - Deductions...

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Punjab Law Reporter

Arbitration and Conciliation Act, 1996 S. 11(6) – When the parties have agreed to the have the “venue” of arbitration at Bhubaneshwar, the Madras High Court erred in assuming the jurisdiction under Section 11(6) of the Act.

Ratio decidendi

Arbitration Act 1996 – S. 34 – Once the “Seat” has been chosen, it would then amount to an exclusive jurisdiction clause so far as Court of the Seat is concerned.

[P&H] CrPC S. 389 – Directions contained in ‘Dharampal v. State of Haryana’, 1999 (4) RCR (Criminal) 600 are only in the nature of guidelines and the same should not be observed as an invariable rule. (2022-2)206 PLR 197, 2022 PLRonline 0861

[SC] Constitution of India – List I Entry 40 , List II Entry 34 and 62 – ‘betting and gambling’

[SC] Lotteries and gambling – ‘lotteries’ are a species within the genus of ‘gambling.’

[SC] Constitution of India – ‘betting and gambling’ in Entry 34 of List II

[SC – 23.3.22] Constitution of India – Interpretation of the Entries of the Lists of the Seventh Schedule of the Constitution:

[SC – 29.3.22] Limitation Act 1963 S.18 – IBC S. 8, S.9 – Affect of cheques issued alongwith a covering letter – Failure of the NCLAT as the first appellate authority to look into a very vital aspect vitiates its order. 2022 SCeJ 0416, 2022 PLRonline 1794

Qualification – Expression “equivalent qualifications” has a different connotation than the expression “relevant subject”.

Appointments – Qualification – “relevant subject” –

[SC] Land Acquisition Act 1894 S. 4, S.18 – Deductions required to be made when considering transactions pertaining to small developed plots, for determining compensation of large areas – Deduction of 40% instead of 33% allowed. 2022 SCeJ 0392

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