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CPC O. 1 R. 15, O. 6 R. 17 – Amendment – Nature of suit is sought to be changed by turning it into a suit for declaration and permanent injunction instead of the original suit for permanent injunction only – Dismissal upheld. 2022 PLRonline 8254

CPC O. 47 R. 1 – Board cannot be permitted to contend that such material was not available with it at that time and therefore, it should be allowed to now make good the lapses on its part – The levels of competence of the Board’s officers, as per its rules, would have been available with the Board even then – A review application is not the means for a party to improve its case by belatedly producing material that was available with it all along – Further, even if accepted, this contention is of no avail as the warning issued to the writ petitioner was not withdrawn before initiation of the disciplinary proceedings.

“Proclaimed Person” and “Proclaimed Offender” have distinct meanings. [PLRonline 216302]

Pleasure doctrine – Applicability – Nominated members continue only till the pleasure of the government – Municipality .

Motor Vehicles Act, S. 173 – Pay and Recover – Insurance Company exonerated – Appeal by claimants for making insurance company liable – This Section empowers that any person can file Appeal so there is no need to consider who is aggrieved person – Appellants being Claimants have right to file Appeal – Though owner of offending truck has not challenged the impugned order, it cannot be said that the Claimants can’t challenge it – Order in appeal changed to Pay and Recover.

HMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]

Punjab Land Revenue Act, 1887, Section 28 – Lambardar – Appointment of – Age – Is a relevant factor . [PLRonline 119102]

Execution – Limitation – Filed after 12 years.. [PLRonline 114800]

Companies Act, S. 250 – Striking off – Even after dissolution of the company in view of striking off its name from the register, its existence remains only for the purpose of realising the amount due to the company or for the payment or discharge of the liabilities or obligations of the company. [2023 PLRonline 0101 (NCLAT)]

NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]

Criminal Trial – Circumstantial evidence – Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be’ and not merely ‘may be’ guilty, before the Court can convict. [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]

IPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]

Inference – Adverse inference

CPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223

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Negotiable Instruments Act, 1881, 1881 (26 of 1881) Section 138 – Notice issued - Amount paid within the statutory period - Very cause for initiation of the complaint does not survive – Cannot accept the plea there are other dues and the amount was liable to be adjusted against the same - Proceedings quashed.

CPC O. 9 R. 2 – Appeal - Appellants did not deposit the costs imposed by way of an earlier order - Taking a serious view of these lapses, the Appellate Court dismissed the appeal as against respondent Nos.2, 3 and 6, by taking recourse to Order 9 Rule 2 CPC – Application seeking recall of the orders dismissed – Order of the Appellate Court, may prove to be fatal, given the fact that they were amongst the plaintiffs in whose favour the suit was partly decreed - In effect, the entire appeal would stand at risk, even if it is continued as against the other respondents - Further, the explanation set out by the appellants in their application demonstrated that the lapses on their part were not serious enough – Order set aside – Petition allowed.

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CPC O. 47 R. 1 – Board cannot be permitted to contend that such material was not available with it at that time and therefore, it should be allowed to now make good the lapses on its part – The levels of competence of the Board’s officers, as per its rules, would have been available with the Board even then – A review application is not the means for a party to improve its case by belatedly producing material that was available with it all along – Further, even if accepted, this contention is of no avail as the warning issued to the writ petitioner was not withdrawn before initiation of the disciplinary proceedings.

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Words and Phrases

Inference – Adverse inference

Chennai City Police Act, 1888 – Police Act, 1861 [2023 PLRonline 9003]

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

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]

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