TRF Limited v. Energo Engineering Projects Limited, 2017 SCeJ 0003 = 2017 PLRonline 1400
Arbitration and Conciliation Act, 1996 - Section 11(6) - Once the arbitrator has become ineligible by operation of law, he...
Tenancy – Multiple suits for eviction on ground of non user, pertaining to different periods – Maintainable
Tenancy – Multiple suits for eviction on ground of non user, pertaining to different periods - Parties in all the...
CPC S. 10 – what “the matter in issue” exactly means?
CPC S. 10 – Test for applicability - Matter in issue in both the suits have to be directly and...
CPC S. 10 – Test for applicability – Whether the final decision being in the previously instituted suit, would operate as res judicata in subsequent suit
CPC S. 10 - Test for applicability - Whether “the matter in issue is also directly and substantially in issue...
CPC S. 10 – For application of S. 10 the Court in which the previous suit is pending should be competent to grant the relief claimed
CPC S. 10 - Where a suit is instituted in a court to which provisions of the Code apply, it...
IPC S. 376, 420 R/W S. 34 – Rape and consensual sex.
IPC, Sections 376, 420 read with Section 34 - There is a clear distinction between rape and consensual sex - ...
IPC S. 376(2)(b) – love affair – consensual sex
IPC, Section 376(2)(b) - Complainant had fallen in love with the appellant and that she needed a companion as she...
CrPC S. 482 – If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken, it is open to the High Court to quash the same in exercise of the inherent powers
IPC, Section 482 - It is clear that for quashing the proceedings, meticulous analysis of factum of taking cognizance of...
IPC S. 375 – IPC S. 90 – “Consent” – Section 90 though does not define “consent”, but describes what is not “consent”
IPC, Section 375 – IPC, Section 90 - "Consent" - Section 90 though does not define "consent", but describes what...
IPC S. 376, 420 r/w 34 – Breach of promise to marry – If the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape
IPC, Sections 376, 420 read with Section 34 – “Breach of a promise and not fulfilling a false promise” –...
(2021-4)204 PLR 635
Right of Children to Free and Compulsory Education Act, 2009 – To set aside clause 8(1)(a) of Transfer Policy dated...
Sarfaesi – Writ – Not maintainable
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) – Constitution of India, Article 226...
ICICI Bank Ltd. v. Umakanta Mohapatra, 2018 PLRonline 1107
SUPREME COURT OF INDIA Before: Justice Rohinton Fali Nariman and Justice Navin Sinha , JJ. ICICI Bank Ltd. v. Umakanta...
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...
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...