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Hindu Marriage Act, 1955 – S.13(1)(ia), S.26 –  Child – Visitation – Interest of the minor child is paramount – In the process of adjudicating upon the rights of the parents, the health of a child aged 2 years cannot be compromised –  While the respondent has the right to visit the child, it cannot be at the cost of the child's health and wellbeing –  Keeping in mind the best interest of the child and the interests of the parents, we agree with the High Court to the extent of granting certain visitation rights to the respondent, but the directions and set up to enable the same appear to be adversarial to the child and require to be modified.

2024 PLRonline 017 (NCLAT) [ID 428700] ibc S. 7, 10A  – Under IBC Sections 7 and 10A, while no application can be filed for defaults occurring during the 10A period, the default dated 31.03.2021, cited in the Section 7 application, exceeded the threshold amount of ₹1 crore, justifying initiation of CIRP. Moreover, the borrower's default… Read more: IBC S. 7, 10A  – Under IBC Sections 7 and 10A – No application can be filed for defaults occurring during the 10A period. [2024 PLRonline 017 (NCLAT), [ID 428700] ]

PRINT / DOWNLOAD PDF ibc Section 7, – Default  – npa  – Ordinarily, upon declaration of the loan account/ debt as NPA that date can be reckoned as the date of default to enable the Financial Creditor to initiate action under Section 7 of the Code. Laxmi Pat Surana v. Union Bank of India &… Read more: IBC Section 7, consciously uses the expression “default” – not the date of notifying the loan account of the corporate person as NPA.

Civil Procedure Code, 1908 (V of 1908) Order 6 Rule 17 – Every amendment in the prayer clause does not amount to alteration in the nature of the suit

(i) Indian Penal Code, 1860 (45 of 1860), Section 107, 306 – Abetment to suicide – Instigation – Mens rea –  A person, who abets the doing of a thing, is a person who instigates any person to do that thing – Therefore, ‘instigation' to do a particular thing is necessary for charging a person with abetment –  ‘Instigation' is to provoke, incite or encourage a person to do an act – Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a particular thing and without the positive act on part of the accused there would be no instigation –  That to convict a person for abetment of suicide under Section 306 IPC, there has to be a clear mens rea on the part of the accused to abet such a crime and it requires an active act or a direct act leading to the commission of suicide.                                                                                 [Para 21, 22, 23](ii)  Indian Penal Code, 1860 (45 of 1860), Section 306 – Abetment to suicide – Acquittal – Domestic discord  – Even in cases where the victim commits suicide, which may be as a result of cruelty meted out to her, the Courts have always held that discord and differences in domestic life are quite common in society and that the commission of such an offence largely depends upon the mental state of the victim –  Until and unless some guilty intention on the part of the accused is established, it is ordinarily not possible to convict him for an offence under Section 306 IPC.                                                                  [Para 25](iii)  Indian Penal Code, 1860 (45 of 1860), Section 306 – Abetment to suicide –  Refusal to marry – Mens rea – Acquittal – Accused on asking of the deceased had simply refused to marry her which is not a positive act on his part with any intention to abet the crime of suicide – Even assuming there was love between the parties, it is only a case of broken relationship which by itself would not amount to abetment to suicide – The accused-appellant had not provoked the deceased in any manner to kill herself –  Simply because the accused-appellant refused to marry her, would not be a case of instigating, inciting or provoking the deceased to commit suicide – Even assuming, though there is no evidence that the accused-appellant promised to marry the deceased, that there was such a promise, it is again a simple case of a broken relationship for which there is a different cause of action, but not prosecution or conviction for an offence under Section 306.   [Para 29-31]

PRINT / DOWNLOAD PDF Reference   can   be   made  to  the   observation  made  by  Supreme Court in Kailash v. Nanhku 2005(4) SCC 480, wherein it has been held as under:- “All the rules of procedure are the handmaid of justice. The language employed by the draftsman of processual law may be liberal or stringent, but the… Read more: All the rules of procedure are the handmaid of justice.

CPC O. 39 R. 1 and 2 – Injunction restraining the petitioner from interfering with the respondent's possession upheld. Petitioner's claim of purchasing a share from a co-sharer rejected due to lack of evidence of possession by the co-sharer or the petitioner. Undivided shares can be sold but possession requires partition by metes and bounds. Injunction properly granted; petition dismissed. [ID 213901]

PRINT / DOWNLOAD PDF 2010 PLRonline 0103 PH . punjab and haryana HIGH COURT JUSTICE VINOD K. SHARMA Bhupinder Singh & others………. Appellants Versus Roop Singh & another…… Respondents . RSA No. 640 of 2007 (O&M) 29.1.2009 . Suit for permanent injunction – co-sharer – If for the sake of arguments defendant/ appellants are taken… Read more: Suit for permanent injunction – Co-sharer  – A co-sharer cannot claim exclusive possession without a formal partition by metes and bounds. The vendee's right to possession arises only after partition, ensuring fair division among all co-owners. 2010 PLRonline 0103 PH

PRINT / DOWNLOAD PDF In an appeal under Article 136 of the Constitution of India, ordinarily this Court will not engage itself in reappreciation of the evidence as such but can certainly examine the evidence on record to consider the challenge to the findings recorded by Tribunal or the High Court, being perverse or replete… Read more: COI Art. 136 – Appeal – Evidence – Reappreciation of .

PRINT / DOWNLOAD PDF 2024 PLRonline 15 =  (2024-3)215 PLR 129 (SN) = [ID#430771] Punjab and Haryana High Court Before: Aman Chaudhary, J. Rashid Hussain Thoker – Petitioner Versus State of Punjab – Respondent CRM-M-42847 of 2024 04.10.2024 Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15, 29, 37 – Criminal Procedure Code, 1973 (2… Read more: NDPS S. 15, 29, 37 – CrPC S. 439 – Commercial quantity – Regular bail – Petitioner is in custody for last 1 year and 10 days; out of a total of 18 prosecution witnesses, none has been examined – Further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India. [ID#430771]

Apex Court laid down that Article 15(4) of the Constitution is not an exception but only makes a special application of the principle of reasonable classification. Article 15(4) does not make any mandatory provision for reservation and the power to make reservation under Article 15(4) is discretionary and no writ can be issued to effect reservation. The contention raised in the said case was that the Government of India itself had made a provision for reservation for SC/ST candidates even in all-India entrance examination for the postgraduate courses, the State of Haryana is bound to follow the same and issue appropriate orders/directions providing reservation in the postgraduate courses and the prospectus dehors any provision for reservation was bad and liable to be quashed. Rejecting the contention it was held that the same cannot automatically be applied in other selections where the State Governments have power to regulate.

The Ombudsman's conclusion that the insurer's willingness to cover overseas medical expenses implies liability for subsequent treatment in India was found to be flawed. The court held that merely agreeing to cover overseas expenses does not automatically extend liability for treatment in India, especially when the treatment was for a different condition. The findings were in disregard of the specific terms of the insurance contract

Secured Debt – Red entry/ lien by Excise and Income Tax department – Prior Right – Llien of the Bank as per Section 26 D noted and entered in the CERSAI  dated 06.03.2013, which clearly establishes the fact that the Bank is not only a secured creditor but has created the first charge over the property in question as far as back in the year, 2013 –  Whereas the charge of the department had been created and reflected in revenue record on dated 05.02.2018 – Once the petitioner is a secured creditor and has moreover created the first charge over the property, then obviously, it has the first right to realise its dues – Writ petition allowed, respondents directed to remove the red entry qua the property in question.

PRINT / DOWNLOAD PDF . 2009 PLRonline 016 [#127100] SUPREME COURT OF INDIA Before :Justice Markandey Katju and Justice Asok Kumar Ganguly. The NEW BUS STAND SHOP OWNERS ASSOCIATION – Appellant Versus CORPORATION OF KOZHIKODE & another – Respondents Civil Appeal No. 6391 of 2009 (@ Special Leave Petition (Civil) No. 11051 of 2006). 18.9.2009. . Transfer of Property Act, 1882, Section 105 – Lease or license… Read more: NEW BUS STAND SHOP OWNERS ASSOCIATION v. CORPORATION OF KOZHIKODE, 2009 PLRonline 016, [#127100]

Difference between a lease and licence

PRINT / DOWNLOAD PDF Narcotic Drugs and Psychotropic Substances Act, 1988,Section 3 – Whether Section 3 can be exercised as a means of enforcement of law and order, by defeating the orders whereby  bail had already been granted or the sentence had been suspended  ? Narcotic Drugs and Psychotropic Substances Act, 1988,Section 3 – Whether… Read more: Constitution of India, Article 22 – NDPS S. 3, 9, 11  – Preventive Detention – Whether an order of Preventive detention could have been passed solely on the basis of past involvement of the accused in the cases under the NDPS Act and formation of an opinion about the likelihood of the involvement of the suspect in further offences as well on the basis of the antecedents ? [2024 PLRonline 011 , 2024 PHHC 081331]

Criminal Procedure Code (2 of 1974), S.438 – anticipatory bail – Economic Offences – IPC S.  420, 465, 467, 471 – Allegations that the accused misrepresented as the Company Director, obtained a loan by mortgaging company premises, defrauded customers and the Bank – Anticipatory bail discretion should not be exercised lightly in economic offences, large scale offences, cheating, and fraud – Nature and gravity of the offence should be considered  – Some offences alleged were punishable with imprisonment up to 7 years, and U/S.467 was punishable with life imprisonment or imprisonment up to 10 years – Anticipatory bail, set aside.

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PRINT / DOWNLOAD PDF Get this document in PDF 2024-PLRonline-009Download   2024 PLRonline 459764 =  (2024-2)214 PLR 448 (SN) PUNJAB AND HARYANA HIGH COURT Before: Justice Sukhvinder Kaur. RAJBIR SINGH – Petitioner Versus DISTRICT REVENUE OFFICER & others – Respondents CR-2695 of 2024 (O&M) Civil Procedure Code, 1908 (V of 1908), Order 39 Rule 1… Read more: CPC O. 39 R. 1 & 2 – Injunction is an equitable relief – “He who seeks equity, must do equity' –  In the facts and circumstances of the case, it appears that the plaintiff has not come to the Court with clean hands and as such, no prima facie case is made out in his favour. [PLRonline 459764]

insolvency and Bankruptcy Code, 2016, Section 10A – When the Financial Creditor has invoked the corporate guarantee of the corporate guarantor by the notice dated  16.10.2020 and asked the corporate guarantor to make the payment within seven days from the receipt of the notice, the default has occurred during the  10A period.  Guarantor – Invocation of the guaranteed eed – Liability of corporate guarantor although is coextensive of the Principal Borrower but when the Guarantee requires invocation of the guarantee deed,default… Read more: Liability of corporate guarantor although is coextensive of the Principal Borrower but when the Guarantee requires invocation of the guarantee deed, default on the guarantor shall be the date when corporate guarantee has been invoked. PLRonline [#ID 418700]

PLR   PLRonline Sukhjinder Pal Singh v. State of Punjab , 2016 PLRonline 0111  [#322901] . PUNJAB AND HARYANA HIGH COURT Before:- Paramjeet Singh Dhaliwal, J. Sukhjinder Pal Singh – Petitioners Versus State of Punjab and others – Respondents CWP No. 7234 of 2004. 27.4.2016. . ·  Punjab Land Revenue Rules 1909, Rules 16 and 17 – Appointment… Read more: Punjab Land Revenue Rules 1909, Rules 16 and 17 – Appointment of Lambardar –

PRINT / DOWNLOAD PDF Mahavir Singh v Khiali Ram 2008 PLRonline 0206 (SC) [#217102] (i)Punjab Land Revenue Act, 1887, Section 28 – Punjab Land Revenue (Lambardari) Rules 1908, Rules 15 and 16 – Lambardar –  appointment of  – Rule 15 enumerates the factors which are required to be taken into consideration for the purpose of… Read more: [SC] Lambardar –  Appointment of – Factors – Post is not a Government servant. [PLRonline #217102]

PRINT / DOWNLOAD PDF “6. The learned counsel appearing for the respondent, however, contended that the very basis of the grant of bail originally was on an assurance given by the appellant that he would compromise and would keep his wife with him and he having failed to fulfil the said promise made to the… Read more: Bail – Cancellation – Compromise – Cancellation of a bail for violation of the terms of such compromise. [PLRonline]

PRINT / DOWNLOAD PDF 4. Rejection of bail in a non-bailable case at the initial stage and the cancellation of bail so granted, have to be considered and dealt with on different basis. Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail, already granted. Generally speaking, the grounds for… Read more: Bail – Cancellation – Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail, already granted. [PLRonline]

PRINT / DOWNLOAD PDF (i) by indulging in similar criminal activity, (ii) interfering with the course of investigation, (iii) attempted to tamper with evidence or witnesses, (iv) threaten witnesses or indulges in similar activities which would hamper smooth investigation, (v) there is likelihood of their fleeing to another country, (vi) attempted to make themselves scarce… Read more: Bail – cancellation – grounds illustratively though not exhaustively. [PLRonline]

4. “The dispute raised in the case relates to eviction of the appellant who is the tenant from the premises of which the respondent is the owner. Previously, there was a compromise between the parties in which it was agreed inter alia that the appellant will pay certain amount to the respondent and vacate the… Read more: Bail – Cancellation – On the allegation that the appellant has failed to comply with the terms of the compromise by not vacating the premises in question within the time stipulated, the petition for cancellation of bail was filed.[PLRonline]

PRINT / DOWNLOAD PDF principles governing the exercise of appellate jurisdiction while dealing with an appeal against acquittal “8.1 The acquittal of the accused further strengthens the presumption of innocence; 8.2 The Appellate Court, while hearing an appeal against acquittal, is entitled to re-appreciate the oral and documentary evidence; 8.3 The Appellate Court, while deciding… Read more: [Criminal] Principles governing the exercise of appellate jurisdiction while dealing with an appeal against acquittal. [PLRonline]

PRINT / DOWNLOAD PDF “29. After referring to a catena of judgments, this Court culled out the following general principles regarding the powers of the appellate Court while dealing with an appeal against an order of acquittal in the following words: 42. From the above decisions, in our considered view, the following general principles regarding… Read more: [Criminal] Principles governing the scope of interference by the High Court in an appeal filed by the State for challenging acquittal of the accused recorded by the trial Court. [PLRonline]

PRINT / DOWNLOAD PDF Departmental Enquiry Conclusion: filing of Suit: limitation act Reference: Commencement of limitation Period: Expiry of Limitation Period: Legal Directive: Judicial Precedent: “4. After conducting departmental enquiry, by proceedings dated 10-12-1981, two increments with cumulative effect were stopped. The suit was filed on 15-1-1988. Article 58 of the Schedule to the Limitation… Read more: Suit for declaration – Limitation – Article 58 of the Schedule to the Limitation Act 21 of 1963 prescribes three years limitation from the date of the order, to seek a declaration. [PLRonline]

PRINT / DOWNLOAD PDF limitation to file a suit for declaration is three years. Relevant portion from the said judgment reads as under: – “4. First of all, to say that the suit is not governed by the law of limitation runs afoul of our limitation act. The Statute of Limitation was intended to provide… Read more: Limitation to file a suit for declaration is three years.

PRINT / DOWNLOAD PDF judgment on Admissions – Order XII, Rule 6, Civil Procedure Code, 1908 Overview Meaning of Admission: Purpose of Order XII Rule 6 Essentials for Judgment on Admission Nature of Relief Circumstances to Decline Judgment on Admission

(2018) 5 SCC 543

It allows police to record crime scenes, search and seizure procedures in criminal cases, and upload the digital evidence files to a cloud-based platform

PRINT / DOWNLOAD PDF Indian Penal Code, 1860, Section 363, 366 – Kidnapping would necessarily involve enticing or taking away any minor under eighteen years of age if a female for the offence under Section 363 IPC –  Abductee had clearly stated that she was neither taken away nor induced and that she had left… Read more: IPC S. 363, 366 – Abductee minor had clearly stated that she was neither taken away nor induced and that she had left her home of her own freewill –  Section 366 IPC would come into play. [PLRonline #418506]

Licence to drive a light motor vehicle if its unladen weight is less than 7,500 kgs – Can drive a bulldozer (construction equipment vehicle)  – A person authorised to drive light motor vehicle can drive any type of motor vehicle, unladen weight of which is less than 7,500 kgs. Respondent – insurer did not lead evidence to show that unladen weight of bulldozer was more than 7,500 kgs – Driver/operator of bulldozer had licence to drive light motor vehicle – A person holding driving licence of a category, can drive different types of the motor vehicles of that category – Construction equipment vehicle is treated as non transport vehicle  – Held, driver had valid licence to drive bulldozer

limitation would start from the date of refusal of the execution of the agreement; as defined under the agreement; or from the date of knowledge of the fraud, if any, found committed in the alleged agreement

PRINT / DOWNLOAD PDF (i)Civil Procedure Code, 1908, Order 9, Rule 13, and Section 96 (2) judgment and Decree Challenged: The judgment and decree were passed against Defendant No.1, the State of Bihar. The case against Defendant No.1 involved a separate and distinct cause of action. The decree against Defendant No.1 is separable and independent.… Read more: CPC O. 9, R. 13, and S. 96 (2) – proforma defendant is included as a defendant because they have the same rights and interests in the suit property as the plaintiff –    – If the plaintiff succeeds, the proforma defendant also succeeds, and if the plaintiff fails, the proforma defendant also fails. [ID# 3311206]

PRINT / DOWNLOAD PDF PLR   PLRonline 2006 PLRonline 0205 [#216902] . SUPREME COURT OF INDIA Before:- V.R. Krishna Iyer and R.S. Pathak, JJ. Jolly George Varghese and another – Appellants Versus The Bank of Cochin – Respondent Civil Appeal No. 1991 of 1979. D/d. 4.2.1980. Civil Procedure Code, 1908, Section 51 read with Order 21, Rule 37 -Execution – Imprisonment – The simple default to dis-charge… Read more: CPC S. 51 – Execution – Imprisonment – Simple default to discharge is not enough – There must be some element of bad faith beyond mere indifference to pay, some deliberate or recusant disposition in the past or, alternatively, current means to pay the decree or a substantial part of it. [#216902]

PRINT / DOWNLOAD PDF PLR   PLRonline 2003 PLRonline 0101 [#212601] SUPREME COURT OF INDIA Before:- N. Santosh Hegde and B.P. Singh, JJ. CHITTARMAL – Appellant Versus STATE OF RAJASTHAN – Respondent Criminal Appeal Nos. 1150-1151 of 2001  With Criminal Appeal Nos. 42-43 of 2002. 8.1.2003 A. Indian Penal Code, Sections 302, 149, and 34 – Double Murder – Common Intention… Read more: IPC S. 34, 149 – Distinction and similarity between Section 34 and 149 of IPC and also the circumstances when both Sections are simultaneously applicable. [#212601]

PRINT / DOWNLOAD PDF State of Haryana v. Darshana Devi, (SC)  1979 PLRonline 0002 SUPREME COURT OF INDIA Before:- V. R. Krishna Iyer and O. Chinnappa Reddy, JJ. State of Haryana – Petitioner Versus Smt. Darshana Devi and Ors – Respondents. Special Leave Petn. (Civil) No. 4120 of 1978 12.2.1979. Constitution of India, Articles 136, 14 and 39A – Civil… Read more: Indigent person – Motor vehicles Act. [1979 PLRonline 0002]

PRINT / DOWNLOAD PDF 2. The poor shall not be priced out of the Justice market by insistence on court-fee and refusal to apply the exemptive provisions of Order 33, cpc “5……Our perspective is best projected by Cappelletti, quoted by the Australian Law Reform Commission: “The right of effective access to justice has emerged with… Read more: Indigent person – Right to justice – The poor shall not be priced out of the Justice market by insistence on court-fee and refusal to apply the exemptive provisions of Order 33, CPC. [PLRonline]

PRINT / DOWNLOAD PDF Application of Order XXXIII of the Code, principles : (i) It is an enabling provision for filing of a suit by an indigent person without paying the court fee at the initial stage. (ii) If the suit is decreed for the plaintiff, the court fee would be calculated as if the… Read more: Indigent person – Is only a provision for the deferred payment of the court fees and this benevolent provision is intended to help the poor litigants who are unable to pay the requisite court fee to file a suit because of their poverty. [PLRonline]

PRINT / DOWNLOAD PDF R.V. Dev v. Chief Secretary, Govt. of Kerala (2007) 5 SCC 698, in para 8 whereof it was observed : “8……When an application is filed by a person said to be indigent, certain factors for considering as to whether he is so within the meaning of the said provision are required… Read more: Indigent person – Payment of court fees as the scheme suggests is merely deferred. It is not altogether wiped off. [PLRonline]

PRINT / DOWNLOAD PDF Concept of an indigent person :- “16. The concept of indigent person has been discussed in Corpus Juris Secundum (20 CJS Costs § 93) as following: “§ 93. What constitutes indigency.-The right to sue in forma pauperis is restricted to indigent persons. A person may proceed as poor person only after… Read more: Indigent person [PLRonline]

PRINT / DOWNLOAD PDF “For the above circumstances, I gather an impression that the petitioner is extremely suspicious by nature. He has no faith in any judicial personage in the State of Haryana and his suspicion is entertained solely on the ground that his adversary in the litigation is a District & Sessions Judge. The… Read more: Legal support – A refusal by a lawyer or two in not taking the case of the petitioner does not mean that the petitioner cannot avail of professional services

PRINT / DOWNLOAD PDF “Sub-section (1) of Section 23 covers all kinds of transfers as is clear from the use of the expression “by way of gift or otherwise”. For attracting sub-section (1) of Section 23, the following two conditions must be fulfilled: (a) The transfer must have been made subject to the condition that… Read more: [SC] Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 23(1) – Cancellation of Deed – Legal fiction, the transfer shall be deemed to have been made by fraud or coercion or undue influence. Such a transfer then becomes voidable at the instance of the transferor and the Maintenance Tribunal gets jurisdiction to declare the transfer as void. [209 PLR 107]