Due to the fault of counsel, litigant should not be made to suffer. [ PLRonline 1319103]
CPC O. 18 R. 13 - Additional evidence - Leading of additional evidence would also be essential to the just ...
CPC O. 18 R. 17A – Additional evidence – Fixed for rebuttal evidence and arguments – Main plea of the petitioner was that the suit property was ancestral yet he has been thoroughly negligent in pursuing his cause – At this belated stage, in the absence of any issue regarding the nature of the suit property, the petitioner cannot be permitted to lead additional evidence. [PLRonline 318402]
- No issue regarding nature of the suit property was framed - Plaintiff/petitioner chose to remain silent at that stage ...
Court dismissed appeal in limine with words ‘No merit. Dismissed.’ – Dismissal of appeal in limine would amount to merger .[PLRonline 1214701]
CPC S. 153A - enables the court which has passed the decree to exercise the power of correcting clerical and ...
IBC S. 97- 100 – Personal Insolvency
Dilip B. Jiwrajka v. Union of India , 2023 PLRonline 9005 (SC) 2023-PLRonline-9005Download
Hindu Succession Act S. 6, 8 – Coparcenary property – Once the property had been acquired by way of succession, it would lose its ancestral character . (2023-4)212 PLR 596]
When a property is received by way of natural succession under Section 8 of the Hindu Succession Act, 1956, by ...
Suit for specific performance of agreement to sell – Parties having close but strained relationship – No evidence to show source of funds , or receipts in writing – It is unbelievable that a person would pay a huge amount and yet not insist on the execution of the sale deed – Suit rightly dismissed [PLR online 414686]
.... In a situation where the relationship was so strained, it does not stand to reason as to why even ...
NIA S. 118(a) – When the pronote and receipt have been proved – Plaintiff is not further required to prove his capacity to make the said payment. (ID# 214001)
Negotiable Instruments Act, Section 118(a) – Plaintiff has proved that the pronote and receipt were duly executed in accordance with ...
CPC S. 60 (1) (CCC) – Suit for specific performance regarding disputed house – Trial Court held that agreement of sale was only for the purpose of security and there was no intention to sell/purchase the house – Only residential house cannot be sold in execution. (PLRonline ID #1318103)
CPC S. 60 (1) (CCC) - Suit for specific performance regarding disputed house - Trial Court came to the conclusion ...
CPC Section 60(1)(ccc) Proviso – Where decree to be executed is for specific performance of an agreement of a specific property , a charge would stand created upon the property itself – Proviso – Not applicable. (PLRonline ID #1317103)
........... decree having become final, directing specific performance of the contract entered into by the petitioner with the respondent, the ...
Insurance | Date of commencement of policy | What would be the date from which the policy becomes effective; date on which the policy is issued | or the date of the commencement mentioned | or date of the issuance of the deposit receipt | or cover note [ (2024-1) PLR ]
Merely, tendering a cheque may not be enough - As till such time the cheque is encashed, the contract would ...
[SC] Bail – Suspension – No rule which requires an accused to undergo sentence for a particular period before considering prayer for suspension – Court ought to have favorably considered the prayer when there were no antecedents and more than 40 % of the sentence has been undergone. [PLRonline #426780]
There is no hard and fast rule which requires an accused to undergo sentence for a particular period before his ...
[SC] Service Law – Constitution of India, Art.136 – Post of BSF Sub-Inspector (GD) – Regular promotion criteria cannot be applied with regard to medical fitness in selection through LDCE [PLRonline 468685]
Service Law – Constitution of India, Art.136 – Post of BSF Sub-Inspector (GD) – Regular promotion criteria cannot be applied ...
[SC] CPC O. 8 R 6A – Counter claim – Must be instituted before the defendant has delivered his defence or before the time limit for delivering his defence has expired. [2022 PLRonline 0600]
Punjab Courts Act, 1918, Section 41 - Though the requirement of formulation of a substantial question of law was not ...
Prevention of Money Laundering Act S. 19 – Duty of court – ED’s role and functioning – recording the second ECIR immediately after they secured interim protection in relation to the first ECIR, does not commend acceptance as it reeks of arbitrary exercise of power – Arrest cannot be sustained – Constitutional and statutory mandate of informing the arrested person of the grounds of arrest. 2023 SCeJ 639 = PLRonline 446685 (SC) = (2023-4)212 PLR 535 (SC)
Pankaj Bansal v. Union of India 2023 SCeJ 639 , PLRonline 446685 (SC) , (2023-4)212 PLR 535 (SC) SUPREME COURT ...
[SC] Bail – Merely because the appellant did not confess, it cannot be said that the appellant was not cooperating with the investigation. [2017 PLRonline 0301]
Custodial interrogation is not for the purpose of `confession' as the right against self-incrimination is provided by Article 20(3) of ...