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]
counsel : Pratibha Yadav, Manoj Tanwar Full Judgment with detailed headnotes for Online Subscribers (opens automatically) 2014 PLRonline 0216...
Read moreCPC 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]
2010 PLRonline 0101 (Ker.) KERALA HIGH COURT Before : Justice Thomas P. Joseph. MARY & others - Petitioners Versus BIJU...
Read moreMaintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 4(4) – If multiple relatives are entitled to the inheritance, the responsibility for maintenance is shared proportionally to their inheritance share. [2014 PLRonline 0215]
2014 PLRonline 0215 PUNJAB AND HARYANA HIGH COURT Before: Sanjay Kishan Kaul, CJ and Justice Arun Palli. Paramjit Kumar Saroya...
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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]
Sejal Glass Ltd v. Navilan Merchants Pvt. Ltd. | 2017 PLRonline 0208 Full Judgment with detailed headnotes access for Premium...
Read moreCPC 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]
Full Judgment with detailed headnotes access for Premium Subscribers only (Click to subscribe ) 2019 SCeJ 837, (2019-3)195 P.L.R. 230...
Read moreMACT – 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]
2019 PLRonline 3411 RAJASTHAN HIGH COURT (Jaipur Bench) Before:- Justice Sanjeev Prakash Sharma. Cholamandalam Ms General Insurance Co. Ltd. v....
Read moreMACT – 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]
2007 PLRonline 0103 ANDHRA PRADESH HIGH COURT Before:-Mr. N.V. Ramana, J. United India Insurance Co. Ltd. v. Veduka Ravi C.R.P....
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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)]
. = 2023 SCeJ 398 SupremeCourtOnline 409603 . . SUPREME COURT OF INDIA Before : Justice S....
Read moreCPC 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]
. 2005 SupremeCourtOnline 0102 (SC) . SUPREME COURT OF INDIA Before:- Justice N. Santosh Hegde, Justice Tarun Chatterjee and Justice...
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CPC O. 9 R. 9 – Dismissed in default – Date of knowledge – Wrong noting of date – Suit restored subject to cost. [PLRonline #447676]
(2023-3)211 PLR 636 PUNJAB AND HARYANA HIGH COURT Before: Justice Sanjay Vashisth. SANDEEP BHANDARI - Petitioner Versus DR. MANMOHAN LAMA...
Read moreCourt 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)]
2015 PLRonline 0207 (P&H) PUNJAB AND HARYANA HIGH COURT Before:- Justice Bharat Bhushan Parsoon. Pradeep Sonawat - Petitioner Versus Satish...
Read moreCPA , 1986 – Definition of ‘consumer’ includes ‘consumers’ – Joint complaint by multiple consumers need not be filed in representative capacity – Will include multiple consumers . [2023 SCeJ 345 , 2023 PLRonline 0115 (SC), (2023-3)211 PLR 458 (SC) (SN)]
2023 SCeJ 345 , 2023 PLRonline 0115 (SC), (2023-3)211 PLR 458 (SC) (SN) 2023 PLRonline 0115 (SC) SUPREME COURT OF...
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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]
Judgment - Pronouncement – Judgment was pronounced in open Court - Signed later on after the charge was transferred –...
Read moreLocal Commissioner – Application for appointment – Dismissed – No revision would be maintainable. [PLRonline 481650]
(2023-1)209 PLR 070 PUNJAB AND HARYANA HIGH COURT Before: Mrs. Justice Alka Sarin. SANJAY KUMAR – Petitioner, Versus STATE OF...
Read moreElectricity 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]
(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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