Various Acts
Legal support – A refusal by a lawyer or two in not taking the case of the petitioner does not mean that the petitioner cannot avail of professional services
“For the above circumstances, I gather an impression that the petitioner is extremely suspicious by nature. He has no faith...
Read moreTrust, the Courtroom can still be a wild enough place without summoning spirits from beyond the grave.
Petition filed on behalf of a dead person - Petitioner filed a petition on behalf of his departed client, complete...
Read moreMentioning of the wrong provision or non-mentioning of a provision in an application does not invalidate an order if the Court and/or statutory authority had the requisite jurisdiction therefore.
. P.K. Palanisamy v. N. Arumugham and another, SLP (Civil) No.2308 of 2009 decided on 23.07.2009
Read moreJudgment is a precedent for the issue of law that is raised and decided.
It is well settled that a judgment is a precedent for the issue of law that is raised and decided....
Read moreProprietorship – Proprietory concern – A proprietory concern and the proprietor are one and the same and that they cannot be treated as separate juristic entities – The proprietary concern derives its identity and individuality from the proprietor and subsumes itself in the proprietor – Segregation of the two is incomprehensible in law. [PLRonline ID 40614]
Haryana Real Estate Regulation and Development Rules, 2017 Rule 9, 10 - Registration of Real Estate Agents - Registration Fee...
Read moreSole proprietorship – Is one that is run by a natural person – There is no legal distinction between the owner and the business entity – It is the owner who is in control of all the elements of the proprietorship. [PLRonline]
Status of an individual vis-a-visa ‘sole proprietorship’. “10 Legal position in this regard is settled. The phrase Sole Proprietorship is...
Read moreMVA S. 166 – If a Tribunal constituted under the Motor Vehicles Act, while deciding a petition under S. 166 of the Act, comes to the conclusion that the petition is not maintainable under the provisions of Section 166, then it can not convert itself into a Commissioner under the Employee’s Compensation Act and thereafter, decide the claim petition accordingly. [PLRonline 480687]
Driver / Employee of owner died while trying to extinguish fire in the tanker - Tribunal returned the findings that...
Read morePrevention of Money Laundering Act S. 19 – Duty of court – ED’s role and functioning – recording the second ECIR immediately after they secured interim protection in relation to the first ECIR, does not commend acceptance as it reeks of arbitrary exercise of power – Arrest cannot be sustained – Constitutional and statutory mandate of informing the arrested person of the grounds of arrest. 2023 SCeJ 639 = PLRonline 446685 (SC) = (2023-4)212 PLR 535 (SC)
Pankaj Bansal v. Union of India 2023 SCeJ 639 , PLRonline 446685 (SC) , (2023-4)212 PLR 535 (SC) SUPREME COURT...
Read moreWhat is malafides in the jurisprudence of power. [PLRonline]
Legal malice is gibberish unless juristic clarity keeps it separate from the popular concept of personal vice. Pithily put, bad...
Read more[SC] Bail – Striking a perfect balance of sanctity of an individual’s liberty as well as the interest of the society.
Siddharam Satlingappa Mhetre v. State of Maharashtra, Criminal Appeal No.2271 of 2010, the Hon’ble Supreme Court has insisted upon striking a...
Read moreTender – Blacklisting of firm – Fundamentals of fair play requires the person concerned should be given an opportunity to represent his case before he is put on the black list. [2023 PLRonline 0124]
M/S AGILE SECURITY FORCES PVT.LTD. v. THE STATE OF TELANGANA | 2023 PLRonline 0124 = (2023-4)212 PLR 320 (Tel.)...
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Role Of The Judge In The Search For Truth
Role Of The Judge In The Search For Truth In this search for truth, while placing the Code (CPC), in...
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Every Trial Is A Search Of Truth
Every Trial Is A Search Of Truth This purpose is succinctly captured in the following terms in American Jurisprudence, Second...
Read moreNIA S. 118 – Unaccounted transactions – All promissory notes appear to have been executed on the same day – If these are unaccounted transactions they are illegal transactions for which no court can pass a decree. [PLRonline 213601]
All promissory notes appear to have been executed on the same day in the same handwriting and ink, which rebuts...
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