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Thursday, February 26, 2026

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Punjab Law Reporter

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

[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

by Punjab Law Reporter

April 10, 2022

[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

by Punjab Law Reporter

April 9, 2022

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”.

by Punjab Law Reporter

April 9, 2022

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

Appointments – Qualification – “relevant subject” –

by Punjab Law Reporter

April 9, 2022

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

by Punjab Law Reporter

April 9, 2022

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

[SC] Land Acquisition – Deductions required to be made when considering transactions pertaining to small developed plots, for determining compensation of large areas

by Punjab Law Reporter

April 9, 2022

Generally the sale instances with respect to small plots/parcels of land are not comparable to a large extent of land...

[SC] Non Speaking order – Tax – Appeal – By revenue – Quashed and set aside and remanded to the High Court. 2022 SCeJ 0390

by Punjab Law Reporter

April 9, 2022

Commissioner of Income Tax-1 v. Bajaj Herbals Pvt. Ltd., 2022 SCeJ 0390 Supreme Court of India JUSTICE M. R. SHAH...

[SC] Payment of Gratuity Act 1972 S. 2(s)- “wages” under Section 2(s) will mean and included basic wages and Dearness Allowance and nothing else

by Punjab Law Reporter

April 9, 2022

Payment of Gratuity Act 1972 S. 2(s)- “wages” under Section 2(s) of the very same enactment, as follows: “We clarify...

CPC O. 1 R. 15, O. 6 R. 17 – Amendment – Nature of suit is sought to be changed by turning it into a suit for declaration and permanent injunction instead of the original suit for permanent injunction only – Dismissal upheld. 2022 PLRonline 8254

[SC] Interim order – It is a fundamental principle of law that a party who is in enjoyment of an interim order, is bound to lose the benefit of such interim order when the ultimate outcome of the case goes against him.

by Punjab Law Reporter

April 9, 2022

Practice and procedure – Interim order - It is a fundamental principle of law that a party who is in...

[SC] Question of law – Test of proportionality – The refusal of this Court to go into the question of law in such cases, cannot be treated as tantamounting to answering the question of law in a particular manner.

by Punjab Law Reporter

April 9, 2022

Question of law - Test of proportionality - The refusal of this Court to go into the question of law...

[Judgment] Question of law – Test of proportionality – Interim order – Payment of Gratuity Act 1972 S. 2(s) – “wages”. 2022 SCeJ 0385

by Punjab Law Reporter

April 9, 2022

LogIn with SUPREME COURT e@JOURNAL subscription for full text / Download Question of law - Test of proportionality - The...

[SC] Probation of Offenders Act 1958 S. 3 , 11 – Conviction is under Section 504 IPC where the maximum sentence provided is two years – There is no previous conviction – Released instead of carrying out the sentence after due admonition – IPC S. 504. 2022 SCeJ 0383

by Punjab Law Reporter

April 9, 2022

Probation of Offenders Act 1958 S. 3 , 11 - Confers power upon the court to release certain offenders after...

Judgment – Judgment of a Court interpreting a provision of law does not lay down a new principle of law, rather clarifies the legal position as to what it intended to mean. (2022-1)205 PLR 444 P&H

by Punjab Law Reporter

April 9, 2022

Judgment - Judgment of a Court interpreting a provision of law does not lay down a new principle of law,...

Security Interest (Enforcement) Rules, 2002 Rule 9(1) – Equitable relief –

by Punjab Law Reporter

April 9, 2022

Security Interest (Enforcement) Rules, 2002 Rule 9(1) –Inspite rule being mandatory the act of the petitioners of first having opted...

Contract – Court is expected to gather the intent of the parties which they had while entering into the contract from the reading of the complete contract.

Sarfaaesi Act S. 17(1) – Limitation to challenge the sale – 45 days – From the date of auction or confirmation of sale. 2022 PLRonline 5555 P&H

by Punjab Law Reporter

April 9, 2022

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (?? of 2002) Section 17(1) – Limitation...

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Punjab Law Reporter

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

[SC] Land Acquisition – Deductions required to be made when considering transactions pertaining to small developed plots, for determining compensation of large areas

[SC] Non Speaking order – Tax – Appeal – By revenue – Quashed and set aside and remanded to the High Court. 2022 SCeJ 0390

[SC] Payment of Gratuity Act 1972 S. 2(s)- “wages” under Section 2(s) will mean and included basic wages and Dearness Allowance and nothing else

[SC] Interim order – It is a fundamental principle of law that a party who is in enjoyment of an interim order, is bound to lose the benefit of such interim order when the ultimate outcome of the case goes against him.

[SC] Question of law – Test of proportionality – The refusal of this Court to go into the question of law in such cases, cannot be treated as tantamounting to answering the question of law in a particular manner.

[Judgment] Question of law – Test of proportionality – Interim order – Payment of Gratuity Act 1972 S. 2(s) – “wages”. 2022 SCeJ 0385

[SC] Probation of Offenders Act 1958 S. 3 , 11 – Conviction is under Section 504 IPC where the maximum sentence provided is two years – There is no previous conviction – Released instead of carrying out the sentence after due admonition – IPC S. 504. 2022 SCeJ 0383

Judgment – Judgment of a Court interpreting a provision of law does not lay down a new principle of law, rather clarifies the legal position as to what it intended to mean. (2022-1)205 PLR 444 P&H

Security Interest (Enforcement) Rules, 2002 Rule 9(1) – Equitable relief –

Sarfaaesi Act S. 17(1) – Limitation to challenge the sale – 45 days – From the date of auction or confirmation of sale. 2022 PLRonline 5555 P&H

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