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[PLR] CPC O. 39 R. 1, 2 – Application for ad-interm injunction, dismissed – ADJ, Karnal also directed that operation of impugned order shall remain stayed – ADJ directed to be careful in future and not to pass orders in a mechanical manner. 2022 PLRonline 7354

CrPC S. 439 – Bail applications – Victim – It shall be obligatory upon the High Court to provide them a legal aid counsel with adequate experience in criminal law

Criminal trial – Dying declaration – Fail to understand as to how the same dying declaration could have been made basis for conviction of the appellant when the same was disbelieved insofar as another accused is concerned. [2023 SCeJ 387]

[SC] CrPC S. 167(2) – Whether accused is entitled to seek default bail under provisions of section 167(2) of Code of Criminal Procedure, 1973 on ground that a chargesheet filed without sanction is an incomplete chargesheet which could be termed as not in consonance with sub section (5) of section 173 of the CrPC, 1973?

Municipal Corporation Act, 1976, Section 114-A – Khata – Cancellation of – By commissioner – Communication quashed due to a breach of natural justice. [2021 PLRonline 5205 (Kar.)]

CPA , 1986 – Definition of ‘consumer’ includes ‘consumers’ – Joint complaint by multiple consumers need not be filed in representative capacity – Will include multiple consumers . [2023 SCeJ 345 , 2023 PLRonline 0115 (SC), (2023-3)211 PLR 458 (SC) (SN)]

[SC] Motor Vehicles Act, 1988, Sections 166 and 163A – Death of a housewife in Motor accidents – Assessment of compensation. [PLRonline 311301]

Legal Services Authorities Act, 1987 – Partition Suit  – Even if the petitioners are said to have signed the compromise petition but still the award of the Permanent Lok Adalat has to be quashed in view of the fact that Permanent Lok Adalat can only resolve dispute in relation to public utility services. [PLRonline 459674]

Will – Proof – Photocopy – That being so, the question of comparison of signatures on the said photocopy of the Will with that of the register of the Deed Writer would not arise. [PLRonline 479650]

The LAWS OF MANU – Manusmriti

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]

Local Commissioner – Application for appointment – Dismissed – No revision would be maintainable. [PLRonline 481650]

Hindu Law – Family Settlement – Limitation – In the absence of any evidence proving a family settlement, the transfer of the suit property under the said alleged family settlement and the consequent mutation entries – Cannot be sustained . [PLRonline 471650]

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]

Limitation 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]

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Evidence – Additional evidence – Certified copies of  Jamabandies can be tendered being per se admissible - Qua notarized photocopy of sale deed – Merely because a document has been exhibited does not mean that it is admissible in evidence unless it is shown otherwise. 2022 PLRonline 7454

OTS - If petitioners have not been able to make any payment ever since the proceedings under Sarfaesi were initiated in 2017 till 2021, the petitioners cannot get any relief from this Court on the basis of sympathy. 2022 PLRonline 5454

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[PLR] CPC O. 39 R. 1, 2 – Application for ad-interm injunction, dismissed – ADJ, Karnal also directed that operation of impugned order shall remain stayed – ADJ directed to be careful in future and not to pass orders in a mechanical manner. 2022 PLRonline 7354

by Punjab Law Reporter
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Civil Procedure Code, 1908 (V of 1908) Order 39, Rule 1, 2 – Application for ad-interm injunction filed by the plaintiff, dismissed - Additional District Judge without due application of mind had directed that operation of impugned order shall remain stayed when vide that order application for ad-interim injunction filed by plaintiff had been dismissed - It is difficult to understand as to what does he mean by staying operation of the order vide which no interim relief had been granted to the plaintiff -  Learned Additional District Judge, Karnal is directed to be careful in future while passing orders and not to pass orders in a mechanical manner.
2022 PLRonline 7354

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Tags: (2022-1)205 PLR 462, 2022 PLRonline 7354, ARUN KUMAR v. NARESH, CPC O. 39 R. 1
Tags: (2022-1)205 PLR 4622022 PLRonline 7354ARUN KUMAR v. NARESHCPC O. 39 R. 1

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