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- CrPC S. 125 – Unmarried Hindu daughter can claim maintenance from her father till she is married under S.20(3) of Hindu Adoptions and Maintenance Act, 1956, provided, she pleads and proves that she is unable to maintain herselfUnmarried daughter, who attained majority, could not claim maintenance in the ordinary circumstance, merely on the ground that she does not have means for her sustenance
- CrPC S. 319 – Court has failed to record the degree of satisfaction which is required to summon an accused under section 319 – Degree of satisfaction is not one of prima facie casehile deciding the application under section 319 Cr.P.C. the trial court has failed to appreciate the entire facts, evidence and other material available on record – Court below has also failed to record the degree of satisfaction which is required to summon an accused under section 319 Cr.P.C. –
- Environment law – Principles enunciated – Brick kiln. PLRonline 432610Download / Print Anmol Kumar v. State Of Bihar, 2023 PLRonline 432610 : (2023-1)209 PLRIJ 021 (Pat.) (SN) Patna High Court Hon’ble Judges : Sanjay Karol, CJ ; Partha Sarthy, J Anmol Kumar v. State Of Bihar Civil Writ Jurisdiction Case No. 4395 Of 2020 04.02.2023 Constitution Of India, 1950, Article 14, Article 21 – […]
- Environment – It is the duty of the Government as also the Court to protect and preserve the environmentDownload / Print It is the duty of the Government as also the Court to protect and preserve the environment Lal Bahadur v. State of Uttar Pradesh, (2018) 15 SCC 407.
- Rent Act – Mesne profits – After passing of decree of eviction landlord is entitled for mesne profits or compensation – Basis of determination of the amount of mesne profitDownload / Print Rent Act – Mesne profits – After passing the decree of eviction the tenancy terminates and from the said date the landlord is entitled for mesne profits or compensation depriving him from the use of the premises – Looking to the fact that the decree of eviction passed by Trial Court has […]
- Angoori Devi v. Smt. Satya Bhama, 2016 PLRonline 0104Download / Print 2016 PLRonline 0104 Punjab and Haryana High Court Ajay Tewari, J. Angoori Devi v. Smt. Satya Bhama C.M. No. 2343-CII-2014 in/and C.R. No. 6248 of 2011 (O&M) 06.04.2016 Judgment Ajay Tewari, J.:— This is an application for direction to the non-applicant-petitioner-tenant to deposit mesne profits/damages as per the market rent i.e. @… […]
- Vardhman Holdings Ltd. v. Ranbir Singh, 2014 PLRonline 0203Download / Print 2014 PLRonline 0203 Punjab and Haryana High Court G.S Sandhawalia, J. Vardhman Holdings Ltd. v. Ranbir Singh C.R No. 7926 of 2014 (O&M) 17.12.2014 Mr. O.P Goel, Sr. Advocate, with Mr. Bhawesh Chaudhary, Advocate, for the petitioner. Mr. Divanshu Jain, Advocate, for the caveator-respondents. G.S SANDHAWALIA, J. The present judgment shall dispose… […]
- Rent Act – Mesne profits – Pendency of the appeal Tenant is liable to pay mesne profit or compensation for use and occupationDownload / Print Appellate Court does have jurisdiction to put reasonable terms and conditions as would in its opinion reasonable to compensate the decree holder for loss occasioned by delay in execution of the decree while granting the stay. On passing the decree for eviction by a competent Court, the tenant is liable to pay […]
- Rent Act – Mesne Profits – Once a decree for possession has been passed and execution is delayed it is necessary for the Appellate Court to fix reasonable mesne profitsDownload / Print Once a decree for possession has been passed and the execution is delayed depriving the decree holder to reap the fruits, it is necessary for the Appellate Court to pass appropriate orders fixing reasonable mesne profits which may be equivalent to the market rent required to be paid by a person who […]
- Tenancy – Bona fide need – Leave to defend – Not granted – Delhi Rent Control Act, S. 14(1)(e). PLRonline 313402 (Del.)Tenancy – Bona fide need – Leave to defend – Delhi Rent Control Act, S. 14(1)(e).
- CPC S. 10 – Rent Act – Rent is not required to go into the serious question of title – S. 10 is not applicable.CPC S. 10 – Rent Act – Bihar Rent Act is a special Act providing for speedy disposal of eviction suit on certain grounds enumerated therein –
- CPC S. 10 – Is referable to a suit instituted in the civil Court and it cannot apply to proceedings of other nature instituted under any other statute – Not open to the High Court to bye-pass Section 10 CPC by invoking Section 151 CPC.Download / Print cpc S. 10 – Section 10 suggests that it is referable to a suit instituted in the civil Court and it cannot apply to proceedings of other nature instituted under any other statute – Section 10 CPC is referable to a suit instituted in a civil Court, proceedings before the Labour Court […]
- National Institute of Mental Health & Neuro Sciences v. C. Parameshwara, 2014 PLRonline 0202Download / Print 2014 PLRonline 0202 . Supreme Court of India Bench: A Pasayat, S Kapadia National Institute of Mental Health & Neuro Sciences v. C. Parameshwara 13.12.2004 cpc S. 10 – Section 10 suggests that it is referable to a suit instituted in the civil Court and it cannot apply to proceedings of other… […]
- CPC S. 151 – Cannot be exercised so as to nullify the provisions of the CodeDownload / Print Inherent jurisdiction of the Court to make orders ex debito justitiae is undoubtedly affirmed by Section 151 cpc, but that jurisdiction cannot be exercised so as to nullify the provisions of the Code. Where the Code deals expressly with a particular matter, the provision should normally be regarded as exhaustive. Manohar Lal […]
- Tender – A bid document has to be read as a whole and interpretation has to be based on common trade practices – Responsibility to make the site “available” prima facie has to be construed as “available” for work. PLRonline 437650he language of the clause is wide and not limited to only an incident of default by the Department – The clause encompasses “any dispute or difference”, of “any kind whatsoever” in “connection with” arising out of the contract “or execution of works
- Electricity Act S. 135 – Act, 2003 & the Regulations do not permit transmission & supply of energy to any other premises. PLRonline 434650stark difference between the proceedings under Section 126/127 of the Electricity Act, viz-a-viz. the proceedings under Section 135 of the Electricity Act has been completely lost and not taken into account
- MVA – Fitness Certificate of Vehicle – Charging Rs. 50/- for each day of delay after expiry of certificate of fitness, Notification dated 29.12.2016. Has not come into force. PLRonline 432600Notification bearing No.G.S.R. 1183 (E) dated 29.12.2016, thereby amending Rule 32 and Rule 81 of the Central Motor Vehicle Rules, 1989 and fixed the new fee structure under the Motor Vehicles Act, 1988
- NIA S. 138 – Complaint through Power of attorney – Proprietary concern.Complant through power of attorney – During the course of cross-examination if it is established that the power of attorney holder has no knowledge regarding the transaction, then the complaint itself would fail
- CrPC S. 319 – Stage, Evidence , Nature of the satisfaction, qua persons not named in the FIRDownload / Print CrPC S. 319 – Q.1 What is the stage at which power u/s 319 Code of Criminal Procedure can be exercised? AND Q. III Whether the word “evidence” used in Section 319(1) Code of Criminal Procedure has been used in a comprehensive sense and includes the evidence collected during investigation or the […]
- CrPC S. 319 – Powers under [SC]Download / Print Criminal Procedure Code, 1973, Section 319 – Power u/s 319 Code of Criminal Procedure is a discretionary and an extra-ordinary power. It is to be exercised sparingly and only in those cases where the circumstances of the case so warrant. It is not to be exercised because the Magistrate or the Sessions […]
- Hardeep Singh v. State of Punjab, 2014 PLRonline 0201Download / Print… P & H High Court judgment : requires you to be logged in with PLRonline.in / Punjab Law Reporter subscription. SUPREME COURT judgment : requires you to be logged in with SUPREMECOURTonline.in / Supreme Court e@Journal subscription. This content is for Trial Membership (Full access for 10 days), Punjab Law Reporter (subscribers-only), […]
- TPA S. 53A – Execution of the registered agreement to sell coupled with delivery of possession does not result in transfer of the immovable property worth more than Rs.100/- if not registeredRegistration of the agreement to sell coupled with delivery of possession has been made mandatory if the document is to be used for the purpose of Section 53A of the Transfer of Property Act, 1882
- Sarita Devi v. Sultan Singh, (2021-3)203 PLR 368LogIn required
- Specific performance – Plaintiff has to prove that all along and till the final decision of the suit, he was ready and willing to perform his part of the contract – Circumstances including availability of funds and mere statement or averment in plaint of readiness and willingness, would not suffice. U.N. Krishnamurthy (Since Deceased) Thr. Lrs. v. A. M. Krishnamurthy, 2022 SCeJ 1384, 2022 PLRonline 1495503
- Waqf property – Suit for permanent injunction – Bar of jurisdiction of civil Courts – Property is admitted to be a waqf property. [SC]Waqf property – Suit for permanent injunction – Bar of civil Courts – To say that the Tribunal will have jurisdiction only if the subject property is disputed to be a waqf property and not if it is admitted to be a waqf property, is indigestible
- Rashid Wali Beg v. Farid Pindari, 2022 SCeJ 1359LogIn required
- Banking – Forged DD ( Demand draft) – Encashment – Bank entitled to recover the sums claimed from the person who encashed itbanking – Forged DD ( Demand draft) – Encashment – If it was a stolen leaf on which signatures of bank officials were forged to prepare the DD, then that clearly was not a valid instrument and could not have been honoured – Negotiable Instruments Act, 1881, Section 118 shifts the burden of proof to […]
- IPC, S. 323,324/34 – Concurrent findings of innocence, court will not interfere – Delay of 30 hours in FIR – No TIP – Acquitted.Revisional jurisdiction – Concurrent findings of innocence of an accused could only be interfered with if there were grave factual or legal errors committed by the courts below in acquitting the accused – Prosecution case is not free from doubt –
- Adoption by a widow [SC]Download / Print On adoption by a widow, the adopted son or daughter is deemed to be a member of the family of the deceased husband of the widow. Hindu Adoptions and Maintenance Act S. 12 Sawan Ram v. Kalawanti, A.I.R. 1967 SC 1761.
- Adoption – Effects of adoption by a Hindu widow [SC]Download / Print Consequences of adoption as listed under Section 12 of the Act – Effects of adoption by a Hindu widow “5. […] It is clear on a reading of the main part of Section 12 and Sub-section (vi) of Section 11 that the effect of adoption under the Act is that it brings […]
- Family pension – Whether a child adopted by a widow of a government servant, subsequent to the death of the government servant would be entitled. [SC]Family pension – Definition of the term ‘family’ cannot be extended to include those persons who were not even dependents of the government servant, at the time of his death
- Shri Ram Shridhar Chimurkar v. Union Of India, 2023 SCeJ 008Download / Print ((2023-1)209 PLR 243 (SC), 2023 SCeJ 008, 2023 PLRonline 419600) SUPREME COURT OF INDIA (K. M. JOSEPH , J. and B. V. NAGARATHNA , J.) Shri Ram Shridhar Chimurkar v. Union Of India and Anr. Civil Appeal 386 of 2023 17.01.2023 (i) CCS (Pension) Rules, Rule 54 (14) (b) – Whether a… […]
- Family pension – Purpose for which ‘family pension’ is granted. [SC]Download / Print Purpose for which ‘family pension’ is granted “Family pension came to be conceptualised in the year 1950. When a Government servant die in harness or soon after retirement, in the traditional Indian family on the death of the only earning member, the widow or the minor children were not only rendered orphans but […]
- CCS (Pension) Rules R. 54 (14)(b) – Effect of the phrase “in relation to a government servant” [SC]Download / Print Doypack Systems Pvt. Ltd. v. Union of India, (1988) 2 SCC 299 : AIR 1988 SC 782 on the interpretation of the phrase “in relation to”: In the said case, this Court held as follows, while interpreting the phrase “in relation to” in the context of the Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986: “50. The expression “in relation to” (so also “pertaining to”), is very […]
- AdoptionDownload / Print As per Sections 8 and 12 of the Hindu Adoptions and Maintenance Act, 1956, (‘HAMA Act’, for short) the widow of a Hindu male is competent to adopt a son or a daughter without there being a direction/expression of desire to that effect, by her deceased husband. That the effect of adoption by […]
- Review – Party can not be left remedy less.Download / Print Review – Party can not be left remedy less – No party could be left remediless and whatever the grievance the party has raised before the Court of law, has to be examined on its own merits. read HERE PLRonline 3318204
- Sunil Vasudeva v. Sundar Gupta, 2019 PLRonline 3407 (SC)Download / Print PLR PLRonline 2019 PLRonline 3407 . SUPREME COURT OF INDIA (A.M.Khanwilkar and Ajay Rastogi,JJ.,) Sunil Vasudeva v. Sundar Gupta C.A.No.5140 of 2019 02.07.2019 Review – Party can not be left remedy less – No party could be left remediless and whatever the grievance the party has raised before the Court of law,… […]
- Review – Basic principles in which the review application could be entertained. [SC]Download / Print “20. Thus, in view of the above, the following grounds of review are maintainable as stipulated by the statute: 20.1. When the review will be maintainable: (i) Discovery of new and important matter or evidence which, after the exercise of due diligence, was not within knowledge of the petitioner or could not […]
- Adverse inference – In case a party to a suit does not enter into the witness box, an adverse influence has to be drawn against him/her. [SC]Download / Print In case a party to a suit does not enter into the witness box, an adverse influence has to be drawn against him/her. 17. Where a party to the suit does not appear into the witness box and states his own case on oath and does not offer himself to be cross […]
- Vidhyadhar v. Manikrao, 1999 PLRonline 0003 (SC)LogIn required
- Service matter – Whether the State Government while exercising power under Rule 6(10) is free to choose any candidate from the panel prepared by the Selection Committee. No.Download / Print Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020, Rule 6(10) – Consumer Protection Act, 2019 (35 of 2019) – Whether the State Government while exercising power under Rule 6(10) […]
- Kamal Kant v. State of Punjab, (2022-4)208 PLR 692Download / Print (2022-4)208 PLR 692 PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Mahabir Singh Sindhu. KAMAL KANT and others – Petitioners, Versus STATE OF PUNJAB and others – Respondents. CWP-11409-2021 (O&M)… P & H High Court judgment : requires you to be logged in with PLRonline.in / Punjab Law Reporter subscription. SUPREME COURT […]
- Public Gambling Act 1867, S. 5 – Investigation in a non-cognizable offence at the hands of the police without permission of the competent Magistrate is impermissibleDownload / Print Public Gambling Act, 1867, S. 5 – Investigation in a non-cognizable offence at the hands of the police without permission of the competent Magistrate is impermissible – Offences which are non-cognizable are not permitted to be investigated without the order of the Magistrate, who was having the power to try such cases […]
- Saurabh Verma v. State of Punjab, (2022-4)208 PLR 686Download / Print (2022-4)208 PLR 686 PUNJAB AND HARYANA HIGH COURT Before: Justice Aman Chaudhary SAURABH VERMA – Petitioner Versus STATE OF PUNJAB – Respondent. CRM-M-22028-2022 Public Gambling Act, 1867, S. 5 – Investigation in a non-cognizable offence at the hands of the police without permission of the competent Magistrate is impermissible – Offences which… […]
- Criminal Trial – Framing of Charge – Mere mentioning that the charge sheet as also the documents have been gone through, would not suffice.Download / Print Criminal Trial – Framing of Charge – By mere mentioning that the charge sheet as also the documents have been gone through, would not suffice in terms of the law laid down, as referred to above, while taking cognizance by the Magistrate, as the same does not reflect due application of mind […]
- IPC S. 188 – Where an “offence” is committed under S. 188 of the IPC, it would be mandatory on the part of the public servant concerned to file a complaint in writing before the jurisdictional MagistrateDownload / Print Section 195 Cr.PC. opens up with the word “No Court” and thus, imposes an express bar for any Court to take cognizance of the offences contemplated thereunder, except in accordance with the procedure prescribed therein – Merely because the offence under Section 188 IPC is cognizable, …… read HERE PLRonline 489586
- Shubham Alias Shubham Saini v. State of Haryana, (2022-4)208 PLR 678LogIn required
