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SUPREME COURT OF INDIA VENAGRO & ORS. - Petitioner(s) Versus INCRED FINANCIAL SERVICES LTD (ERSTRWHILE KNOWN AS VISU LEASING FINANCE ...

[SC] CPC O. 39 R. 1 – When a mandatory injunction is granted at the interim stage much more than a mere prima facie case has to be made out – Revisional jurisdiction under section 115 CPC is to be exercised to correct jurisdictional errors only – CPC S. 115 [ ID# 3310205]

CPC O. 39 R. 1 , CPC S. 115 - Application under Order 39 Rule 1 dismissed by the ...

MVA S. 166 – If a Tribunal constituted under the Motor Vehicles Act, while deciding a petition under S. 166 of the Act, comes to the conclusion that the petition is not maintainable under the provisions of Section 166, then it can not convert itself into a Commissioner under the Employee’s Compensation Act and thereafter, decide the claim petition accordingly. [PLRonline 480687]

Driver / Employee of owner died while trying to extinguish fire in the tanker - Tribunal returned the findings that ...

Motor Vehicles Act S. 166 – When a Tribunal, established under the Motor Vehicles Act, adjudicates a petition filed under S. 166 and determines that the petition is not maintainable under the said section, it lacks the authority to transform its role into that of a Commissioner under the Employee’s Compensation Act and pass an award. [ID# 480687]

January 22, 2024

MVA S. 166 – When the MACT had come to the conclusion that the claim petition filed before it under ...

Streedhan – Whether the wife receives gold ornaments from her parents or her in-laws, the gold ornaments received in marriage by wife becomes her streedhan – Husband has mortgaged the wife’s streedhan for raising loans – Directed to clear the loan. (ID#444601)

Hindu Marriage Act, 1955 S. 13(1)(ia) - Cruelty - A partner in matrimonial relationship who goes to the extent of ...

Tenancy and Rent Act – Mesne profits – Contractual rent comes to an end when eviction order is passed. The Court should balance the competing claims between mesne profits at market rate and reasonable compensation for landlord. (ID #321901)

January 22, 2024

Mesne profits - Interest - Damages normally would have to include the component of accrued interest and only after the ...

Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials – Draft Criminal Rules On Practice, 2021 . 2021 PLROnline 5300

January 21, 2024

In Re: To Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials v. State of Andhra Pradesh (SC) : ...

Hire purchase – Repossession – Purchaser remains merely a trustee/bailee on behalf of the financier/financial institution and ownership remains with the latter – Thus, in case the vehicle is seized by the financier, no criminal action can be taken against him as he is re-possessing the goods owned by him. [PLRonline #1324501]

Hire purchase - In an agreement of hire purchase, the purchaser remains merely a trustee/bailee on behalf of the ...

Due to the fault of counsel, litigant should not be made to suffer. [ PLRonline 1319103]

January 18, 2024

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

April 12, 2024

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)