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October 25, 2023

2016 SupremeCourtOnline 0109 . . SUPREME COURT OF INDIA Before:- Justice A.K. Sikri and Justice Amitava Roy. ...

Bail – Cancellation – Revocation of Bail – Impact of supervening circumstances developing post the grant of bail, such as interference in the administration of justice, abuse of concession of bail, etc., which are aversive to a fair trial would warrant cancellation of bail. [PLRonline # 5418402]

October 25, 2023

2021 Supreme Court Online 5207 SUPREME COURT OF INDIA Before:- N.V. Ramana, CJI, Justice Surya Kant and ...

Bail – Cancellation – “cogent and overwhelming circumstances for cancellation of bail”. [PLRonline #118700]

October 25, 2023

1994 SupremeCourtOnline 0007 SUPREME COURT OF INDIA Before :-Justice A.S. Anand and Justice M.K. Mukherjee, JJ. Dolat Ram ...

MVA – Criminal case – Acquittal in a criminal case – Effect on claim petition

Speedy justice – Civil cases – Directions issued to the trial courts to ensure `speedy justice’ is delivered – Judicial proceedings – Importance of Excellence and Duties in Judiciary. [(2023-3)211 PLR 644 (SC)]

October 24, 2023

. = 2023 SCeJ 398 SupremeCourtOnline 409603 . . SUPREME COURT OF INDIA Before : Justice S. ...

IBC S. 9 – Joint petition – Operational Creditors may file an application to initiate CIRP in an individual capacity or as a joint capacity by the authorized person – However, each must satisfy the pecuniary limit of Rs. 1 crore individually which is essential for maintaining an action under Section 9 of the Code. [2023 PLRonline 0118 NCLT. Mum.]

October 24, 2023

IBC S. 9 - Joint petition - Workmen/employees (Operational Creditors) may file an application to initiate CIRP in an individual ...

CPC O. 1 R. 10 – Necessary and Proper parties – Necessary parties in a suit for specific performance of a contract for sale – Adding a party to a suit under Order 1, Rule 10 CPC is only permissible if the proposed party has a direct and legal interest in the controversy – Plaintiff is the “dominus litus,” meaning the master of the litigation . [PLRonline 213801]

October 24, 2023

. 2005 SupremeCourtOnline 0102 (SC) . SUPREME COURT OF INDIA Before:- Justice N. Santosh Hegde, Justice Tarun Chatterjee and Justice ...

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

Section 115 and 114 of the Haryana Cooperative Societies Act, 1984 (22 of 1984) ensure that in a revision, a finding must be given that the order under challenge was either illegal or improper. If no such exercise has been undertaken, the order must be set aside. [PLRonline 444676]

(2023-3)211 PLR 633 PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Fateh Deep Singh. BASANT KUMAR and others – Petitioners, ...

Constitution of India, Article 14 – If an employee dies, no order can be passed against them as they are not available to defend themselves – Any proceedings initiated against an employee that are not concluded before their death abate, including a show cause notice pending against an employee for the withdrawal of their pay scale. [PLRonline 449676]

(2023-3)211 PLR 638 PUNJAB AND HARYANA HIGH COURT Before: Justice Harsimran Singh Sethi. RAJBALA - Petitioner Versus STATE OF HARYANA ...

CrPC S. 210 – FIR already registered – Private complaint – Magistrate issuing summoning order – It was incumbent upon the trial Court to stay the proceedings of the inquiry/trial and call for a report on the matter from the Police Officer conducting the investigation – Summoning order passed in derogation of the procedure as prescribed under Section 210 Cr.P.C. – Quashed. [PLRonline 418666]

(2023-2)210 PLR 697 PUNJAB AND HARYANA HIGH COURT Before: Justice Pankaj Jain. GURBACHAN SINGH and Others - Petitioners Versus STATE ...

Service matter – Quantum of punishment in disciplinary matters – factors

CPC O. 9 R. 9 – Dismissed in default – Date of knowledge – Wrong noting of date – Suit restored subject to cost. [PLRonline #447676]

(2023-3)211 PLR 636 PUNJAB AND HARYANA HIGH COURT Before: Justice Sanjay Vashisth. SANDEEP BHANDARI - Petitioner Versus DR. MANMOHAN LAMA ...

CrPC S 451 – Supardari – Sale – Financer – Hypothecated vehicle – Permissible – Banks/ Financers application for permission to sell the tractor could not have been declined on the sole ground and that it was case property. [PLRonline #212801]

October 21, 2023

Permission to sell - To decline permission to sell on the sole ground, that the property is case property would ...

Court Fee Act S. 16 – CPC S. 89 – Specific Relief Act S. 38 – Emphasize the legislature’s effort to settle cases through alternative dispute resolution mechanisms – Settlement – Refund of court fees even if not asked for. [PLRonline 318802 (P&H)]

October 21, 2023

2015 PLRonline 0207 (P&H) PUNJAB AND HARYANA HIGH COURT Before:- Justice Bharat Bhushan Parsoon. Pradeep Sonawat - Petitioner Versus Satish ...

Bail – Condition of deposit of amount as a condition of bail – Criminal proceedings cannot be converted into recovery proceedings – Order imposing the condition, set aside. [(2023-3)211 PLR 516 (SC)]

October 11, 2023

(2023-3)211 PLR 516 (SC) SUPREME COURT OF INDIA Present : Justice Abhay S.Oka , Justice Pankaj Mithal . SHANE GEORGE ...

[IBC] Resolution plan – Resolution Applicant cannot be saddled with any previous claim against the Corporate Debtor prior to the initiation of its CIRP – Attachments made by SFIO, CBI, Income Tax Department and PF authorities , resolution applicant is required to approach to the concerned authority . [2023 PLRonline 0115 NCLT]

October 11, 2023

IBBI (Insolvency Resolution Process for the Corporate Persons) Regulations, 2016 regulation 39 (4) IBC - Resolution plan - ...

[IBC] Government dues – Belated claims – The emphasis under the Code is for time bound process rather than payment of belated Government dues – Applications dismissed – Resolution Professional to consider Government dues if appearing in the books of account of the Corporate Debtor. 2023 PLRonline 0114 (NCLT Mum.)

October 11, 2023