Latest

[SC] Probation of Offenders Act 1958 S. 3 , 11 – Conviction is under Section 504 IPC where the maximum sentence provided is two years – There is no previous conviction – Released instead of carrying out the sentence after due admonition – IPC S. 504. 2022 SCeJ 0383

CrPC S. 406, 407 – If it appears that the dispensation of criminal justice is not possible impartially and objectively and without any bias, before any court or even at any place, the appropriate court may transfer the case to another court

December 6, 2022

Transfer of trial – Apprehension of not getting a fair and impartial enquiry/trial is required to be reasonable and not imaginary

December 6, 2022

ARUL DANIEL v. SUGANYA, 2022 PLRonline 0490 (Mad.), (2022-4)208 PLRIJ 0033 (Mad.) (FB)

December 5, 2022

IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

DV Act, S. 12 – Proceedings under Section 12 of the D.V. Act is Civil in nature and not Criminal.

December 5, 2022

COI Art. 227 – Revision – Scope of interference is limited.

DVA S. 12 – “Whether a proceeding under Section 12 of the D.V. Act can be challenged under Article 227 of the Constitution or under Section 482 of Cr.P.C. ?

December 5, 2022

Sarfaesi – Auction – Rule 9(4) – Appears to be not as sacrosanct and the period can be extended

December 4, 2022

Sarfaesi – R. 9(4) – Four days’ delay which was caused in terms of the original auction notice, in deposit of the auction bid amount , in no manner, would frustrate or annul the auction proceedings

December 3, 2022

Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

SARFAESI – Typographical error – Mere typographical error due to inadvertence which has not caused any prejudice to the borrowers, that in itself could not be considered to be the ground to annul the process held by the secured creditor

December 3, 2022

Sarfaesi – Writ petition – Alternate remedy – S. 17 dismissed – We deprecate such practice of entertaining the writ application by the High Court

December 3, 2022

Suit for specific performance – Earnest money refund of – No prayer for an alternative relief for refund – Decree passed in favour of plaintiff for recovery of earnest money

December 3, 2022

[SC] Alternate remedy – Where an effective remedy is available to an aggrieved person, the High Court ordinarily must insist that before availing the remedy under Article 226 of the Constitution – Sarfaesi

December 3, 2022

[SC] Security Interest (Enforcement) Rules, 2002- R. 9(4) – The period of fifteen days in Rule 9(4) is not that sacrosanct and it is extendable if there is a written agreement between the parties for such extension

December 3, 2022

PLRonline.in

Various Acts

Suit for specific performance – Earnest money refund of – No prayer for an alternative relief for refund – Decree passed in favour of plaintiff for recovery of earnest money

by PLRonline

December 3, 2022

Various Acts

Adverse possession – Once the jamabandi reflects the status of the appellant being tenant, the tenant cannot acquire right of ownership.

December 3, 2022

Natural Justice

[SC] Natural justice – the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice.

November 29, 2022

Practice and Procedure

[SC] Powers of a court/ tribunal – Tribunal shall have all ancillary powers to pass any such interim order subject to conditions as it may deem fit

November 28, 2022

Home Category Various Acts

Various Acts

Natural Justice

[SC] Natural Justice – The principles of natural justice have many facets. Two of them are: notice of the case to be met, and opportunity to explain.

by PLRonline

November 28, 2022

“Even if a statute is silent and there are no positive words in the Act or Rules made thereunder there...

Practice and Procedure

[SC] Powers of a court – Where the substantive power has been conferred upon a Court or Tribunal, all incidental and ancillary powers necessary for what is an effective exercise of the substantive power have to be inferred.

by PLRonline

November 28, 2022

Where the substantive power has been conferred upon a Court or Tribunal, all incidental and ancillary powers necessary for what...

Practice and Procedure

Fraud – “No man is bound by a bargain into which he has been induced by fraud to enter, because assent is necessary to a valid contract.”

by PLRonline

November 24, 2022

KERR On the Law of Fraud and Mistake 7 th Edition

Various Acts

Insurance – Repudiation – An insurance company cannot travel beyond the grounds mentioned in the letter of repudiation in the consumer complaint .

by PLRonline

November 13, 2022

Insurance - Whether appointment of a surveyor can be construed as a waiver of the terms and conditions of the...

Various Acts

East Punjab Urban Rent Restriction Act, 1949, Section 18-A(2) – Non compliance of – No prejudice is shown.

by PLRonline

November 6, 2022

East Punjab Urban Rent Restriction Act, 1949, Section Section 18- A(2) – Non compliance of - Leave to contest sought...

CrPC S. 125 – Even if the wife is earning, the husband is legally and morally bound to maintain her

Children

Custody of child – Application of mother to take the child out of the country where she is working

by PLRonline

October 26, 2022

Ever since the appellant and the respondent started living apart child is in the care and custody of the appellant-mother...

Court proceedings

Maxim – ex debito justitiae – of or by reason of an obligation of justice : as a matter of right

by PLRonline

October 25, 2022

Maxim - ex debito justitiae - of or by reason of an obligation of justice : as a matter of...

Court proceedings

COI Art. 32 – Practice and procedure – Other remedies available to them in law – Court did not foreclose the right of the petitioners/Banks to pursue other remedies available to them in law

by PLRonline

October 25, 2022

Practice and procedure - Other remedies available to them in law - Writ petitioners/Banks were not parties in the case...

Constitution of India

COI Art. 32 – Writ of certiorari – Whether an order passed by the High Court on original side in the proceedings before it could be challenged under Article 32 of the Constitution for enforcement of fundamental rights guaranteed under Article 19(1)(a), (d) and (g) of the Constitution of India.

by PLRonline

October 25, 2022

Constitution of India, Article 32 - Writ of certiorari - Whether an order passed by the High Court on original...

Court proceedings

Mistake of court – It is the duty of the aggregate of those Tribunals, if I may use the expression, to take care that no act of the court in the course of the whole of the proceedings does an injury to the suitors in the court –

by PLRonline

October 24, 2022

Mistake of court - “Now, Their Lordships are of opinion, that one of the first and highest duties of all...

Page 1 of 37 1 2 … 37 Next

Category Wise Search

Please click

Click for support Team PLRonline

× Join us on

CrPC S. 406, 407 – If it appears that the dispensation of criminal justice is not possible impartially and objectively and without any bias, before any court or even at any place, the appropriate court may transfer the case to another court

Transfer of trial – Apprehension of not getting a fair and impartial enquiry/trial is required to be reasonable and not imaginary

ARUL DANIEL v. SUGANYA, 2022 PLRonline 0490 (Mad.), (2022-4)208 PLRIJ 0033 (Mad.) (FB)

DV Act, S. 12 – Proceedings under Section 12 of the D.V. Act is Civil in nature and not Criminal.

DVA S. 12 – “Whether a proceeding under Section 12 of the D.V. Act can be challenged under Article 227 of the Constitution or under Section 482 of Cr.P.C. ?

Sarfaesi – Auction – Rule 9(4) – Appears to be not as sacrosanct and the period can be extended

Sarfaesi – R. 9(4) – Four days’ delay which was caused in terms of the original auction notice, in deposit of the auction bid amount , in no manner, would frustrate or annul the auction proceedings

SARFAESI – Typographical error – Mere typographical error due to inadvertence which has not caused any prejudice to the borrowers, that in itself could not be considered to be the ground to annul the process held by the secured creditor

Sarfaesi – Writ petition – Alternate remedy – S. 17 dismissed – We deprecate such practice of entertaining the writ application by the High Court

Suit for specific performance – Earnest money refund of – No prayer for an alternative relief for refund – Decree passed in favour of plaintiff for recovery of earnest money

[SC] Alternate remedy – Where an effective remedy is available to an aggrieved person, the High Court ordinarily must insist that before availing the remedy under Article 226 of the Constitution – Sarfaesi

[SC] Security Interest (Enforcement) Rules, 2002- R. 9(4) – The period of fifteen days in Rule 9(4) is not that sacrosanct and it is extendable if there is a written agreement between the parties for such extension

Suit for specific performance – Earnest money refund of – No prayer for an alternative relief for refund – Decree passed in favour of plaintiff for recovery of earnest money

Adverse possession – Once the jamabandi reflects the status of the appellant being tenant, the tenant cannot acquire right of ownership.

[SC] Natural justice – the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice.

[SC] Powers of a court/ tribunal – Tribunal shall have all ancillary powers to pass any such interim order subject to conditions as it may deem fit

Various Acts

[SC] Natural Justice – The principles of natural justice have many facets. Two of them are: notice of the case to be met, and opportunity to explain.

[SC] Powers of a court – Where the substantive power has been conferred upon a Court or Tribunal, all incidental and ancillary powers necessary for what is an effective exercise of the substantive power have to be inferred.

Fraud – “No man is bound by a bargain into which he has been induced by fraud to enter, because assent is necessary to a valid contract.”

Insurance – Repudiation – An insurance company cannot travel beyond the grounds mentioned in the letter of repudiation in the consumer complaint .

East Punjab Urban Rent Restriction Act, 1949, Section 18-A(2) – Non compliance of – No prejudice is shown.

Custody of child – Application of mother to take the child out of the country where she is working

Maxim – ex debito justitiae – of or by reason of an obligation of justice : as a matter of right

COI Art. 32 – Practice and procedure – Other remedies available to them in law – Court did not foreclose the right of the petitioners/Banks to pursue other remedies available to them in law

COI Art. 32 – Writ of certiorari – Whether an order passed by the High Court on original side in the proceedings before it could be challenged under Article 32 of the Constitution for enforcement of fundamental rights guaranteed under Article 19(1)(a), (d) and (g) of the Constitution of India.

Mistake of court – It is the duty of the aggregate of those Tribunals, if I may use the expression, to take care that no act of the court in the course of the whole of the proceedings does an injury to the suitors in the court –

My Bookmarks

Category Wise Search

Headnote Search

Welcome Back!

Create New Account!

Retrieve your password

Save PLRonline.in APP!

Various Acts

Log In

My Bookmarks

Category Wise Search

Headnote Search

Welcome Back!

Create New Account!

Retrieve your password

Save PLRonline.in APP!