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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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CPC

[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]

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CIVIL

CPC O. 22 R. 3 – Abatement – P&H amendment – Where the legal heirs of the deceased are not brought on record within the prescribed period, the suit shall not abate under O 22 R 3 CPC. [PLRonline 328702]

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CIVIL

CPC O. 40 R. 1 – “just and convenient” explained – Receiver is regarded as one of the harshest remedy which the law provides for the enforcement of its rights. [PLRonline.in]

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CIVIL

CPC O. 6 R. 16 – If only a portion of the plaint, as opposed to the plaint as a whole is to be struck out, Order VI Rule 16 of the CPC would apply and O. 7 R. 11 shall not apply – “Plaint” – Necessarily means the plaint as a whole. [PLRonline #319902]

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CPC

Banking

CPC O. 7 R. 11 – Power is limited to rejection of the plaint as a whole or not at all – It is impermissible to reject the plaint only against one of the defendants – Sarfaesi. [PLRonline #348208]

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Full Judgment with detailed headnotes access for Premium Subscribers only (Click to subscribe ) 2019 SCeJ 837, (2019-3)195 P.L.R. 230...

CPC

MACT – CPC O. 1 R. 10 – Application for impleading the car owner and the Insurance company, of the other vehicle involved in the accident – It is for the MACT to ultimately take a decision in this regard – Contributory negligence – Application allowed. [ PLRonline # 3322204]

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2019 PLRonline 3411 RAJASTHAN HIGH COURT (Jaipur Bench) Before:- Justice Sanjeev Prakash Sharma. Cholamandalam Ms General Insurance Co. Ltd. v....

CPC

MACT – CPC O. 1 R. 10 – Composite negligence – Impleadment of party – Application by the insurer for impleading the owner and the Insurance company, of the other vehicle involved in the accident – Allowed. [PLRonline ID 214901]

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2007 PLRonline 0103 ANDHRA PRADESH HIGH COURT Before:-Mr. N.V. Ramana, J. United India Insurance Co. Ltd. v. Veduka Ravi C.R.P....

CIVIL

Speedy justice – Civil cases – Directions issued to the trial courts to ensure `speedy justice’ is delivered – Judicial proceedings – Importance of Excellence and Duties in Judiciary. [(2023-3)211 PLR 644 (SC)]

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. = 2023 SCeJ 398 SupremeCourtOnline 409603 . . SUPREME COURT OF INDIA Before : Justice S....

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...

Service matter – Quantum of punishment in disciplinary matters – factors

CPC

CPC O. 9 R. 9 – Dismissed in default – Date of knowledge – Wrong noting of date – Suit restored subject to cost. [PLRonline #447676]

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(2023-3)211 PLR 636 PUNJAB AND HARYANA HIGH COURT Before: Justice Sanjay Vashisth. SANDEEP BHANDARI - Petitioner Versus DR. MANMOHAN LAMA...

CIVIL

Court Fee Act S. 16 – CPC S. 89 – Specific Relief Act S. 38 – Emphasize the legislature’s effort to settle cases through alternative dispute resolution mechanisms – Settlement – Refund of court fees even if not asked for. [PLRonline 318802 (P&H)]

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2015 PLRonline 0207 (P&H) PUNJAB AND HARYANA HIGH COURT Before:- Justice Bharat Bhushan Parsoon. Pradeep Sonawat - Petitioner Versus Satish...

CPC

CPC O. 39 R. 1 and 2 – Status quo – Vacated – Bonafide purchaser – Ancestral property – Appellants bona fide purchasers of ancestral property without notice – Late claim and substantial developments, the balance favored Defendants – Plaintiff’s name not in revenue records – Status quo vacated. [PLRonline 452654]

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Judgment - Pronouncement – Judgment was pronounced in open Court - Signed later on after the charge was transferred –...

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...

CPC

Decree – Setting aside exparte decree – Knowledge – applicant must have knowledge not merely that a decree has been passed by some Court against him, but that a particular decree has been passed to against him in a particular Court in favour of a particular person for a particular sum. [1967 PLRonline 0001 (SC)]

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Limitation Act Art. 164 “(4) In Pundlick Rowji v. Vasantrao Madhavrao, (1909) 11 Bom LR 1296 Davar, J., held that...

CPC

CPC O. 7 R. 11 – The Court cannot consider an application to dismiss the case at this stage as the trial has progressed and evidence has been presented – The only option now is to proceed with a final decision on the issues.[ PLRonline ID 477670]

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(2023-3)211 PLR 066 PUNJAB AND HARYANA HIGH COURT Before:- Mr. Justice Rajbir Sehrawat. RAJINDERPAL SINGH - Petitioner Versus THAKUR DAWARA...

CPC

Haryana Urban (Control of Rent and Eviction) Act, 1973, S. 23 – Haryana Urban (Control of Rent and Eviction) Rules, 1976, R. 7 – CPC O. 18, R. 3A – Eviction petition – Strict provisions of CPC shall not apply to the proceedings under the Act and only those provisions of the Code shall be made applicable, which the Act specifically provides – Provisions of Rule 3A Order 18 of CPC shall not apply to the proceedings under the Rent Act. [ID 217802]

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RENT ACT - Strict provisions of CPC shall not apply to the proceedings under the Act

Banking

Suit – Non-filing of an affidavit in support of an application may be an irregularity but not an illegality or inherent defect that cannot be cured – Plaint can be returned for want of cause of action. Only the averments made in the plaint are considered,Suit – Non-filing of an affidavit in support of an application may be an irregularity but not an illegality or inherent defect that cannot be cured.

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Civil Procedure Code, Order 19 Rule 1: Non-filing of an affidavit in support of an application may be an irregularity...

CPC

[SC] CPC S. 98(2) – Letters Patent is a special law for the High Court concerned, and in case of a conflict between the two, the special law prevails – Section 97(1) of the Civil Procedure Code (Amendment) Act, 1976 has no application to Section 41 of the Punjab Courts Act, 1918.

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Pankajakshi (Dead) v. Chandrika (SC)(Constitution Bench), 2016 SupremeCourtOnline 0107, (2016)6 SCC 157, 2016 AIR (SC) 1213 Section 23 of the...

CPC

[SC] CPC S. 11 – Res Judicata – “competent to try such subsequent suit” – Have been interpreted that it must refer to the pecuniary jurisdiction of the earlier Court to try the subsequent suit at the time when the first suit was brought. [PLRonline 115600]

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Section 11 of the Civil Procedure Code, 1908 deals with the doctrine of res judicata, which means that a matter...

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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]

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]

[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]

CPC O. 22 R. 3 – Abatement – P&H amendment – Where the legal heirs of the deceased are not brought on record within the prescribed period, the suit shall not abate under O 22 R 3 CPC. [PLRonline 328702]

CPC O. 40 R. 1 – “just and convenient” explained – Receiver is regarded as one of the harshest remedy which the law provides for the enforcement of its rights. [PLRonline.in]

CPC O. 6 R. 16 – If only a portion of the plaint, as opposed to the plaint as a whole is to be struck out, Order VI Rule 16 of the CPC would apply and O. 7 R. 11 shall not apply – “Plaint” – Necessarily means the plaint as a whole. [PLRonline #319902]

CPC

CPC O. 7 R. 11 – Power is limited to rejection of the plaint as a whole or not at all – It is impermissible to reject the plaint only against one of the defendants – Sarfaesi. [PLRonline #348208]

MACT – CPC O. 1 R. 10 – Application for impleading the car owner and the Insurance company, of the other vehicle involved in the accident – It is for the MACT to ultimately take a decision in this regard – Contributory negligence – Application allowed. [ PLRonline # 3322204]

MACT – CPC O. 1 R. 10 – Composite negligence – Impleadment of party – Application by the insurer for impleading the owner and the Insurance company, of the other vehicle involved in the accident – Allowed. [PLRonline ID 214901]

Speedy justice – Civil cases – Directions issued to the trial courts to ensure `speedy justice’ is delivered – Judicial proceedings – Importance of Excellence and Duties in Judiciary. [(2023-3)211 PLR 644 (SC)]

CPC O. 9 R. 9 – Dismissed in default – Date of knowledge – Wrong noting of date – Suit restored subject to cost. [PLRonline #447676]

Court Fee Act S. 16 – CPC S. 89 – Specific Relief Act S. 38 – Emphasize the legislature’s effort to settle cases through alternative dispute resolution mechanisms – Settlement – Refund of court fees even if not asked for. [PLRonline 318802 (P&H)]

CPC O. 7 R. 11 – The Court cannot consider an application to dismiss the case at this stage as the trial has progressed and evidence has been presented – The only option now is to proceed with a final decision on the issues.[ PLRonline ID 477670]

[SC] CPC S. 98(2) – Letters Patent is a special law for the High Court concerned, and in case of a conflict between the two, the special law prevails – Section 97(1) of the Civil Procedure Code (Amendment) Act, 1976 has no application to Section 41 of the Punjab Courts Act, 1918.

[SC] CPC S. 11 – Res Judicata – “competent to try such subsequent suit” – Have been interpreted that it must refer to the pecuniary jurisdiction of the earlier Court to try the subsequent suit at the time when the first suit was brought. [PLRonline 115600]

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