Punjab Law Reporter, Author at PLRonline.in

OTS – High court stayed further proceedings under Section 13(4) in the writ jurisdiction subject to deposit – Set aside.

OTS- High court stayed further proceedings under Section 13(4) in the writ jurisdiction subject to deposit of Rs 10,00,000 leading...

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

Judicial impropriety – Observation of High Court that reference to judicial decisions will not be of much importance was clearly a method adopted by it in avoiding to follow and apply the law as laid down by this Court

Judicial precedents - It is unfortunate that the High Court did not consider it necessary to refer to various judicial...

Injunction – An injunction can not be used in nullifying the terms of a contract, agreement or undertaking

Injunction – Interlocutory injunction - An injunction of the court ought not to be an instrument which is used in...

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

CPC O. 47 R. 1 – An error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of the record

CPC O. 47 R. 1 - Under Order 47 Rule 1 CPC a judgment may be open to review inter...

IPC, S. 84 – Where Exception under Sec.84 is claimed

Maintenance and Welfare of the Parents and Senior Citizens Act, 2007- District Magistrate does not have the jurisdiction to proceed against the daughter-in-law

Maintenance and Welfare of the Parents and Senior Citizen Act, 2007, Section 22(2) - District Magistrate does not have the...

Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 – As a licensee, the petitioner is only permitted to enjoy the possession of the property licensed but without creating any interest in the property.

Maintenance and Welfare of the Parents and Senior Citizens Act, 2007, Section 22(2) - Possession – The petitioner is a...

CPC S. 115 – No cross examination done by the defendant No. 1 – Defendants not asking for relief against each other – Rightly not allowed to cross-examine DW2 and DW3 .

Civil Procedure Code, 1908 (V of 1908) Section 115 – When the statements of DW2 and DW3 were recorded, then...

CPC O. 7 R. 11 – Suit is for recovery of arrears of rent , to say that it is barred by law on account of filing of an earlier original application for recovery before the Debts Recovery Tribunal by the defendant is illogical

Civil Procedure Code 1908 (V of 1908) Order 7, Rule 11 – Applies only where the suit appears from the...

CPC O. 7 R. 11 – While examining an application under O. 7 R. 11 only contents of the plaint have to be seen.

Civil Procedure Code, 1908 (V of 1908) Order 7, Rule 11 – Rejection of Plaint – From bare perusal of...

Dying declaration

Dying declaration Held, Thus, the dying declaration involving the appellant came to be established and proved by the prosecution, by...

CrPC S. 482, 397 – Materials relied upon by the accused which are in the nature of public documents can be looked into

CrPC S. 482, 397 – While exercising inherent jurisdiction under Section 482 or revisional jurisdiction under section 397 of the...

Gift – Transfer of Property Act, 1882, Section 122 – Neither defines acceptance, nor does it prescribe any particular mode for acceptance.

Gift - Transfer of Property Act, 1882, Section 122 - Neither defines acceptance, nor does it prescribe any particular mode...

Hindu Marriage Act S. 13B(2) – Consent withdrawn – divorce was granted

Hindu Marriage Act, 1955, Section 13B(2) - Consent withdrawn - One of the parties withdrew the consent - Court held...

State Of Madhya Pradesh v. Pradeep Sharma, 2013 PLRonline 0007

SUPREME COURT OF INDIA Before: P Sathasivam, Ranjan Gogoi, JJ. State Of Madhya Pradesh Versus Pradeep Sharma CRIMINAL APPEAL NO....

Practice and procedure – Judgment has to be read as a whole , and if there are conflicting parts, they have to be reconciled harmoniously in order to yield a result that will accord with an earlier decision of the same bench strength.

Ratio in Girish Kumar Suneja v. C.B.I., (2017) 14 SCC 809 - Despite what is stated in paragraphs 25, 29...