Practice and Procedure
Prevention 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...
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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 moreService matter – Specific Relief Act S. 14 – Enforcement of a contract of personal service – If the statute/statutory rules applies, courts can declare termination null and void and order reinstatement – However, if the relationship is purely contractual, the contract of personal service will not be specifically enforceable [2008 SupremeCourtOnline 0005]
2008 SupremeCourtOnline 0005 SUPREME COURT OF INDIA Before:- H.K. Sema and R.V. Raveendran, JJ. STATE BANK OF INDIA & Ors....
Read more[SC] False statement before Court – Criminal contempt of Court – A person who makes a false statement before the Court and makes an attempt to deceive the Court, interferes with the administration of justice and is guilty of contempt of Court.[SupremeCourtOnline 4905602]
In Re: Perry Kansagra - Alleged Contemnor, 2023 SCeJ 296, 2023 SupremeCourtOnline 4905602 2023-SCEJ-0296Download 2023 SCeJ 296, 2023 SupremeCourtOnline 4905602...
Read more[SC] Contempt of Court – False statement in court of another country – Contemnor has falsely represented before the foreign jurisdiction that Indian Courts have not sought the consent of the son and that the decision of the Supreme Court of India is unenforceable – These acts clearly lower the authority of this Court – Is a clear case of criminal contempt. [SupremeCourtOnline 4175603]
In Re: Perry Kansagra - Contemnor, 2023 SCeJ 308, 2023 SupremeCourtOnline 4175603 Full Judgment with detailed headnotes for Online Subscribers...
Read moreContempt – Whether tendering affidavits and undertakings containing false statements was not only fraudulent but also amounted to perjury and criminal contempt. [PLRonline 3316205]
ABCD v. Union of India, 2019 SupremeCourtOnline 3505 Full Judgment with detailed headnotes for Online Subscribers (opens automatically) (Click to...
Read more[SC] Evidence – Documents were presented as evidence without any objection from the defendants.
Documents were presented as evidence without any objection from the defendants. The documents were in proper custody and were part...
Read moreJudicial reasoning – Removal of a member of a Municipality is a quasi judicial order and the competent authority is expected to give an outline of the process of reasoning by which the decision has been arrived at. PLRonline [ID 936216]
'order of removal of a member of a Municipality is a quasi judicial order and the competent authority is expected...
Read moreLocal Commissioner – Application for appointment – Dismissed – No revision would be maintainable against an order dismissing an application for appointment of a Local Commissioner. [ID 481650]
LogIn to read Full Text (2023-1)209 PLR 070 PUNJAB AND HARYANA HIGH COURT Before: Mrs. Justice Alka Sarin. SANJAY KUMAR...
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Interpretation of statutes – Object oriented approach cannot be carried to the extent of doing violence to the plain language used, by rewriting the section or substituting words in place of the actual words used by Legislature.m [ID : 451652]
Interpretation of statutes - Object oriented approach cannot be carried to the extent of doing violence to the plain language...
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Filing and objections- Efiling – When an electronic facility is available and an Application is filed in electronic form, the filing is complete as soon as it is registered electronically. [2022 SCeJ 844]
Filing and objections- Efiling - When as per Rule 10, sub-rule (2), when an electronic facility is available and an...
Read moreExecution – Mere pendency of an appeal does not mean that decree passed by trial Court is not to be executed. [2023 PLRonline 485657]
LogIn to read (2023-1)209 PLR 774; 2023 PLRonline 485657 Chanderwati v. Rajinder Kumar Arjun Singh, (2023-1)209 PLR 774; 2023 PLRonline...
Read moreCourt time – Waste of –
Dr. Buddhi Kota Subbarao v. K Parasaran and Others “No litigant has a right to unlimited...
Read moreDoctrine of merger – Does not make a distinction between an order of reversal, modification or an order of confirmation passed by the appellate authority. [SCeJ 212701]
LogIn required for accessing Judgment There can only be one operative decree governing the same subject-matter at a given point...
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