SC/ST Act – For offence to be constituted, there must be an allegation that the accused not being a member of Scheduled Caste or Scheduled Tribe committed an offence under the IPC punishable for a term of 10 years or more against a member of the Scheduled Caste or Scheduled Tribe knowing that such person belongs to such `community’. [PLRonline #497684]

IPC S. 34 – Common Intention – Can be formed even in the course of the incident – Would come into play where participation of the accused in a crime is proved and the common intention is also established. [PLRonline 482604]

Consumer Protection Act – Stocks and shares – Invesment in – Complainant is not a Consumer – It is not the case of the Complainant that he had invested the money in share market exclusively for earning his livelihood. [2022 PLRonline 0596 (NCDRC)]

NIA S. 138 – Liability of Joint Account Holders – There is no provision for taking cognizance against a person other than the “drawer” of the cheque. [(2023-4)212 PLR 177]

Court proceedings – Videography – Whether would amount to criminal contempt of court ? [(2023-4)212 PLR 163]

MVA – Criminal case  – Acquittal in a criminal case – Effect on claim petition

Court proceedings –  Videography –  Court proceedings in the High Court or any other Court subordinate thereto cannot be videotaped, photographed or telecast without taking prior written permission from the High Court. [PLRonline]

NDPS S. 2 (viia)  read with the notification S.O. No. 1055 (E) dated 19/10/2001 , Section 37, 52A –  “commercial quantity” – Weight Adjustment due to Drying – Weight recorded during inventory before the Magistrate considered – Bail Consideration for Multiple Accused. [PLRonline 413680]

[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]

[SC] Insurance  –  Surveyor’s report – Not relied – Reliance by surveyor on forensic report – Claim payable.

[SC] Insurance – Surveyor’s report, though important, is not absolute and not binding on the parties – It is not that sacrosanct that it cannot be departed from; it is not conclusive. [ PLRonline 368351]

IT Act S. 67(A)   – Posted on Instagram 4-5 pictures of petitioner kissing the complainant on her cheek – Bail granted. [2022 PLRonline 0595]

Insurance – Mediclaim policy – Pre existing disease  – Non-disclosure – Burden of  proof – Prescription – Mere mentioning in the prescription would not amount to establishing a concealment – Senior Citizens policy – Pre-medical check-up – Having opted to waive of was thus conscious – Insurer liable. [PLRonline # 446681]

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CIVIL
CIVIL

CPC O. 1 R. 10 – Necessary and Proper parties – Necessary parties in a suit for specific performance of a contract for sale – Adding a party to a suit under Order 1, Rule 10 CPC is only permissible if the proposed party has a direct and legal interest in the controversy – Plaintiff is the “dominus litus,” meaning the master of the litigation . [PLRonline 213801]

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. 2005 SupremeCourtOnline 0102 (SC) . SUPREME COURT OF INDIA Before:- Justice N. Santosh Hegde, Justice Tarun Chatterjee and Justice...

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Constitution of India

Electricity Act, S. 2(5) – Constitution of India, Art. 226  –  Alternative remedy – Available under Ombudsman Regulations, Objection of alternative efficacious remedy is well founded –  However, matter has remained pending in Writ since 2019 till 2022 for final adjudication, it may not be an act of balancing equity at this stage to direct the petitioner to re-agitate his entire grievance before the Consumer Grievances Redressal Forum at this stage. [PLRonline 459650]

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(2023-1)209 PLR 048 PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Vinod S. Bhardwaj. HINDUSTAN PETROLEUM CORPORATION LIMITED – Petitioner,...

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CIVIL

CPC O. 11 R. 1 and 4  – Interrogatories – Interrogatories must have a reasonably close connection with the “matters in question” , cannot be refused on the grounds that there are other means of proving the fact in question, Interrogatories that favor the case of the applicant and damage/destroy the case of the opponent would be admissible, service of interrogatories can allowed at any stage of the suit. [PLRonline 324702]

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2014 PLRonline 0213 (Bom.) BOMBAY HIGH COURT (Nagpur Bench) Before:- A.S. Chandurkar, J. Shrivallabh v. Ibrahimkhan Writ Petition No. 5675...

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