CIVIL
[SC] CPC O. 39 R. 1 – When a mandatory injunction is granted at the interim stage much more than a mere prima facie case has to be made out – Revisional jurisdiction under section 115 CPC is to be exercised to correct jurisdictional errors only – CPC S. 115 [ ID# 3310205]
CPC O. 39 R. 1 , CPC S. 115 - Application under Order 39 Rule 1 dismissed by the...
Read moreDue to the fault of counsel, litigant should not be made to suffer. [ PLRonline 1319103]
CPC O. 18 R. 13 - Additional evidence - Leading of additional evidence would also be essential to the just...
Read moreCPC O. 18 R. 17A – Additional evidence – Fixed for rebuttal evidence and arguments – Main plea of the petitioner was that the suit property was ancestral yet he has been thoroughly negligent in pursuing his cause – At this belated stage, in the absence of any issue regarding the nature of the suit property, the petitioner cannot be permitted to lead additional evidence. [PLRonline 318402]
- No issue regarding nature of the suit property was framed - Plaintiff/petitioner chose to remain silent at that stage...
Read moreCourt dismissed appeal in limine with words ‘No merit. Dismissed.’ – Dismissal of appeal in limine would amount to merger .[PLRonline 1214701]
CPC S. 153A - enables the court which has passed the decree to exercise the power of correcting clerical and...
Read moreCPC S. 60 (1) (CCC) – Suit for specific performance regarding disputed house – Trial Court held that agreement of sale was only for the purpose of security and there was no intention to sell/purchase the house – Only residential house cannot be sold in execution. (PLRonline ID #1318103)
CPC S. 60 (1) (CCC) - Suit for specific performance regarding disputed house - Trial Court came to the conclusion...
Read moreCPC Section 60(1)(ccc) Proviso – Where decree to be executed is for specific performance of an agreement of a specific property , a charge would stand created upon the property itself – Proviso – Not applicable. (PLRonline ID #1317103)
........... decree having become final, directing specific performance of the contract entered into by the petitioner with the respondent, the...
Read more[SC] CPC O. 8 R 6A – Counter claim – Must be instituted before the defendant has delivered his defence or before the time limit for delivering his defence has expired. [2022 PLRonline 0600]
Punjab Courts Act, 1918, Section 41 - Though the requirement of formulation of a substantial question of law was not...
Read more[Del.] Land Acquisition Act, 1894 S. 18 – Mandatory for the Land Acquisition Collector to follow the principles of natural justice and thereafter, give a personal hearing to the applicant. [2017 PLRonline 0300]
- Quashed the order passed by the Land Acquisition Collector rejecting the application under Section 18 of the Act on...
Read more[Del.] Land Acquisition Act, 1894 S. 18 – Orders passed by LAC quashed, rejecting application u/s 18 without hearing . [2018 PLRonline 1305]
Land Acquisition Act, 1894 Section 18 - Orders passed by the Land Acquisition Collector quashed, wherein it has rejected the...
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Read morePunjab Village Common Lands (Regulation) Act – S. 7(1) – Eviction from a public street – Maintainability of Application. [PLRonline 429683]
Gurdev SIngvh v. State of Punjab | PLRonline 429683 , (2023-4)212 PLR 318 Punjab Village Common Lands (Regulation) Act, 1961...
Read more[SC] CPC – O. 9 R. 13, O. 43 R. 1(d), S. 115 – Revision Petition cannot be filed if an appeal is maintainable – Appeal is only applicable against the refusal to set aside the ex-parte decree under O.9 R. 13, not against an order allowing such an application – If appeal against the ex-parte decree is dismissed (except when withdrawn), the remedy under Order 9 Rule 13 cannot be pursued. [PLRonline 424683 (SC)]
KOUSHIK MUTUALLY AIDED COOPERATIVE HOUSING SOCIETY v. AMEENA BEGUM (2023-4)212 PLR 313 (SC) = 2023 SCeJ 0562 = PLRonline 424683...
Read moreConsumer Protection Act – Proceedings instituted before the commencement of the Act of 2019 on 20 July 2020 would continue before the fora corresponding to those under the Act of 1986. [2021 PLRonline 5208]
Consumer Protection Act, 1986 Sections 11, 17 and 21 - Consumer Protection Act, 2019, Sections 28, 42, 58 and 107...
Read moreConsumer 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)]
Baidyanath Mondal v. Kanahaya Lal Rathi, (NCDRC)(New Delhi), 2022 PLRonline 0596 (NCDRC) NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before:-C....
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