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NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

COI Art. 226 – Maintainability of the writ petition – Arbitration Clause

CPC 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]

Sarfaesi – No proceeding U/s 13(4) – Writ maintainable – Overcharging of interest by Bank – Sarfaesi set aside – NPA could not be continued if account was regularised. [2022 PLRonline 0594]

SC issues notice to RBI a. qua handing over of loan documents  b. change in RATE OF INTEREST applicable to loans  c. furnishing yearly STATEMENT OF ACCOUNTS to account holders

CrPC S. 391, 311 – NIA S. 138 – Leading additional defence evidence and re-calling the respondent/complainant for cross-examination. [2019 PLRonline 3507]

MVA – Criminal case  – Acquittal in a criminal case – Effect on claim petition

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)]

Companies 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]

SARFAESI – High Court u/s 482 Cr.P.C can not quash Order passed under S. 14 of the SARFAESI ACT – Any remedy against such order can be availed only under the SARFAESI ACT, 2002. [SupremeCourtOnline 456603]

Right to Information Act – Duty of public authorities – Direct that the Central Information Commission and the State Information Commissions – Shall continuously monitor the implementation of the mandate of Section 4 of the Act as also prescribed by the Department of Personnel and Training in its Guidelines and Memorandums issued from time to time.

IPC S. 498A   – Cruelty – Non-providing of proper medical aid is cruelty. [ 2023 PLRonline 419673]

Banking – Forged DD – Liability of person presenting the same – Plaintiff Bank  has passed the Demand Daft being received by way of collection by another bank – U/s 72 of the Contract Act, person receiving proceeds from forged draft liable to refund the money to the bank . [ID 317402]

NIA S. 148 – CrPC S. 389 – Condition of deposit when an accused applies for suspension of sentence under Section 389 – Typically, the accused applies for relief without any conditions – If a blanket order is sought, the court must determine if the case falls under the exception of Section 148 – Impugned orders have been set aside. [(2023-3)211 PLR 260 (SC)]

MVA S. 163-A – U/s 163-A compensation is payable to a third party only – Deceased borrower of the vehicle cannot be considered a third party – Allowed Additional Personal Accident Cover as premium was paid. [(2023-3)211 PLR 228]

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CPC O. 47 R. 1 - An error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of the record

Interlocutory injunction   – Appeal  -  Scope of interference in an appeal against exercise of discretion by the trial court to grant an interlocutory injunction

Home Arbitration and Conciliation Act, 1996

COI Art. 226 – Maintainability of the writ petition – Arbitration Clause

by PLRonline
in Arbitration and Conciliation Act, 1996, Constitution of India
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 Constitution of India, Article 226 – maintainability of the writ petition on account of the Arbitration Clause included in the agreement between the parties –  Well-established that an alternative remedy is not an absolute bar to the invocation of the writ jurisdiction of the High Court or the Supreme Court and that without exhausting such alternative remedy, a writ petition would not be maintainable –   Constitutional powers vested in the High Court or the Supreme Court cannot be fettered by any alternative remedy available to the authorities –  Notwithstanding the provisions relating to the Arbitration Clause contained in the agreement, the High Court was fully within its competence to entertain and dispose of the Writ Petition filed on behalf of the Respondent Company.

read HERE : 2011 PLRonline 0100

.Union Of India v. Tantia Construction Pvt. Ltd, 2011 PLRonline 0100 , (2011) 5 SCC 697

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Tags: COI Art. 226, Writ petition maintainable
Tags: COI Art. 226Writ petition maintainable

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