Doctrine of separation of powers

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]

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]

Doctrine of separation of powers

Doctrine of separation of powers

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]

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]

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]

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]

Doctrine of separation of powers