Punjab Law Reporter, Author at PLRonline.in

SARFAESI S. 13(2), (4) – Waiver – Borrower, aware and conscious of its rights, chose to abandon the statutory claim and took its chance and even procured favourable decisions

[SC] Banking – OTS – Such a decision should be left to the commercial wisdom of the bank whose amount is involved and it is always to be presumed that the financial institution/bank shall take a prudent decision whether to grant the benefit or not under the OTS Scheme

Banking - OTS - Commercial wisdom of the bank - The grant of benefit under the OTS is always subject...

Service matter – Quantum of punishment in disciplinary matters – factors

[SC] Banking – OTS – No writ of mandamus can be issued by the High Court in exercise of powers under Article 226 of the Constitution of India, directing a financial institution/bank to positively grant the benefit of OTS to a borrower.

Constitution of India, Art. 226 - Banking - OTS - No writ of mandamus can be issued by the High...

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

[P&H] Arbitration and Conciliation Act, 1996, S. 9 – The principles applicable in the matter of grant of injunctions in arbitration cases are broadly from the principles drawn from Order 39 Rules 1 & 2 of the Code of Civil Procedure, 1908 in the matter of grant of temporary injunctions

Arbitration and Conciliation Act, 1996, S. 9 - The jurisdiction in international arbitration commercial disputes to pass orders under section...

COI Art. 226 – Writ of Habeas Corpus – For taking custody of the child from one of the parents – Is clearly maintainable.

Court Fees Act S. 7(i) , 7(iv) – Valuation in money suits

Court Fees Act, 1870 (7 of 1870) Section 7(i) , 7(iv) - Valuation in money suits - The valuation for...

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

Court Fees Act S. 7(i) , 7(iv) – Money suit for compensation and damages – Ad valorem Court-fees would be payable on the amount of the damages claimed

Court Fees Act, 1870 (7 of 1870) Section 7(i) , 7(iv) - Money suit for compensation and damages - In...

Bona fide need – Even the subsequent event of death of the landlord who wanted to start a business in the tenanted premises is not sufficient to dislodge the bona fide need established by him earlier.

This Court reiterated the same principle in Kamleshwar Prasad v. Pradumanju Agarwal that the crucial date...

Lis – Rights of parties

Bona fide need - Even the subsequent event of death of the landlord who wanted to start a business in...

Lis – Normal rule is that rights and obligations of the parties are to be determined as they were when the lis commenced and the only exception is that the court is not precluded from moulding the reliefs appropriately in consideration of subsequent events provided such events had an impact on those rights and obligations.

The normal rule is that in any litigation the rights and obligations of the parties are adjudicated upon as they...

NIA S. 138 – Prayer for exemption altogether from appearance – Stipulations put by court upheld.

Negotiable Instruments Act, 1882 , Section 138 - Exemption from personal appearance - Prayer for exemption altogether from appearance - ...

Affidavit – False affidavit – Fraud – Allotment of plot – The filing of a false affidavit disentitles the plaintiff for any equitable relief

NIA S. 138 – Exemption from personal appearance – In appropriate cases the Magistrate can allow an accused to make even the first appearance through a counsel

Negotiable Instruments Act, 1882 , Section 138 - Exemption from personal appearance - Even while observing that in appropriate cases...

COI Art. 226 – Habeas Corpus – Suit filed by father

HMA S. 28 – Appeal would be maintainable, against the judgment and decree by which decree of divorce has been granted by the trial Court under Section 13-B

Hindu Marriage Act, 1955 Section 28 - Whether an appeal filed under Section 28 would be maintainable, against the judgment...

H.P. Gas (Liquefied Petroleum Gas Dealership (Domestic and Commercial) Agreement/Guidelines – Acquisition of a foreign citizenship is no ground to return a finding that the dealer/distributor was not taking adequate interest when there is no other evidence to establish this fact

Mr. Prateek Gupta, for the petitioner. Mr. Ankur Sharma, Sr. Panel Counsel, for -UOI. Mr. Raman Sharma, for respondents H.P....

CrPC S. 439 – Bail applications – Victim – It shall be obligatory upon the High Court to provide them a legal aid counsel with adequate experience in criminal law

HMA S. 13(1)(ia) – Cruelty – Wife lodged several false FIR, legal proceedings – Quashed – Refusing to attend household chores and showing disrespect to the husband and his family members amounted to cruelty towards the husband.

Hindu Marriage Act, 1955, Section 13(1)(ia) - Cruelty – Wife lodged FIR for Dowry against the husband and his family...

Mesne Profits – Are to be considered on the basis of evidence led before the Court

MVA S. 166 – Is dependency a relevant criterion in a claim petition

MVA S. 166 – Is dependency a relevant criterion in a claim petition Deepa George; Advocate , Mathews K. Philip,...

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

MVA S. 163-A – Dependency has no relevance in an application filed under Section 163 A of Act, 1988.

Advocates: Deepa George; Advocate , Mathews K. Philip, Adv. Manasy T., Latha Susan Cherian, Amicus Curiae Motor Vehicles Act,...