CIVIL
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]
(2023-1)209 PLR 048 PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Vinod S. Bhardwaj. HINDUSTAN PETROLEUM CORPORATION LIMITED – Petitioner,...
Read moreLimitation Act Art. 59 – Limitation to set aside an instrument or decree or for cancellation of the same is 03 years counted from the date of knowledge – Plaint, reveals that it is totally silent as to when the plaintiff-appellant came to know of the said alleged fraud – Dismissed. [PLRonline 476650]
(2023-1)209 PLR 065 PUNJAB AND HARYANA HIGH COURT Before: Mrs. Justice Alka Sarin. OM PARKASH @ SATPAL – Appellant, Versus...
Read moreCPC 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]
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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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)]
Limitation Act Art. 164 “(4) In Pundlick Rowji v. Vasantrao Madhavrao, (1909) 11 Bom LR 1296 Davar, J., held that...
Read moreCompanies Act, 1956 Section 81 , 441, 629A – Tribunal (NCLT) has all the powers to compound all the offences irrespective of any pecuniary limit. [2023 PLRonline 0112]
Companies Act, 1956 Section 81 , 441, 629A - Tribunal (NCLT) has all the powers to compound all the offences...
Read moreCPC 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]
(2023-3)211 PLR 066 PUNJAB AND HARYANA HIGH COURT Before:- Mr. Justice Rajbir Sehrawat. RAJINDERPAL SINGH - Petitioner Versus THAKUR DAWARA...
Read moreConsumer Protection Act – Fraud, forgery – Jurisdiction – Cheque – Forged signature – Complaints which are based on allegations of fraud, forgery, etc. and trial of which would required voluminous evidence and consideration are not to be entertained by this Commission – Banking. [ PLRonline ID 321501]
Bright Transport Company Vs. Sangli Sahakari Bank Ltd., 2012 PLRonline 0110 (NCDRC), II(2012) CPJ 151 (NC), . NATIONAL CONSUMER DISPUTES...
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Service matter – Vigilance Commissioner’s report which formed part of the report of the enquiry and which was taken into consideration by the disciplinary authority was not supplied to the employee – Omission has vitiated the order of dismissal – Limitation Act. [1994 SupremeCourtOnline 0007]
Mohd. Quaramuddin (dead) By LRs. v. State of AP, 1994 SupremeCourtOnline 0007, 1994(5) SCC 118]. SUPREME COURT OF INDIA Before:-...
Read morePunjab Co-operative Societies Act, 1961, Sections 55 and 56 – Limitation Act, 1963 Section – 3 Cooperative society allotting a flat to its member – Provisions of ‘1963 Act’ are not applicable to the initiation of arbitration proceedings – Proceedings before an arbitrator is not a suit, appeal or application, therefore, Section 3 of the ‘1963 Act’ has no application to arbitration proceedings of the present case. [ID 322702]
2014 PLROnline 0211 PUNJAB AND HARYANA HIGH COURT Before:- Paramjeet Singh, J. The Chandigarh Pepsu Cooperative House Building - Petitioner...
Read moreHaryana 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]
RENT ACT - Strict provisions of CPC shall not apply to the proceedings under the Act
Read moreAgreement to sell – Executed on stamp paper purchased in the name of the plaintiff’s wife, is of no consequence – Can only deem the document to be not properly stamped but cannot hold it to be invalid – Can be admitted in evidence by paying stamp duty and penalty. [ID 210300]
The agreement to sell was executed on stamp paper purchased in the name of the plaintiff's wife, but this is...
Read moreSuit – 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.
Civil Procedure Code, Order 19 Rule 1: Non-filing of an affidavit in support of an application may be an irregularity...
Read more[SC] Consumer Protection Act, 1986 – Remedy of appeal to Supreme Court does not lie against orders passed by NCDRC in Appeal or revision – Only writ lies under Art. 226/227.(2023-2)210 PLR 600 (SC)
Full Judgment with detailed headnotes for Online Subscribers (opens automatically) Click to subscribe Universal Sompo General Insurance Co. Ltd. v....
Read more[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.
Pankajakshi (Dead) v. Chandrika (SC)(Constitution Bench), 2016 SupremeCourtOnline 0107, (2016)6 SCC 157, 2016 AIR (SC) 1213 Section 23 of the...
Read more[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]
Section 11 of the Civil Procedure Code, 1908 deals with the doctrine of res judicata, which means that a matter...
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