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June 26, 2022

SARFAESI Act, 2002 – Civil proceedings - The proceedings under the SARFAESI Act, 2002 are undoubtedly civil proceedings - There ...

Limitation Act, 1963 (36 of 1963), S. 14(2) – Expression ‘Court’ – Keeping in mind the scope and ambit of proceedings under the IBC before the NCLT/NCLAT, the expression ‘Court’ in Section 14(2) would be deemed to be any forum for a civil proceeding including any Tribunal or any forum under the SARFAESI Act.

June 25, 2022

Limitation Act, 1963 (36 of 1963), Section 14(2) - Expression ‘Court’ - Keeping in mind the scope and ambit of ...

IPC, S. 84 – Where Exception under Sec.84 is claimed

NDPS Act S. 42 – Non Compliance – While delayed compliance was acceptable, however, where there was a total non compliance – Accused ought to be granted the concession of regular bail

NDPS Act – Section 37, 42 – While delayed compliance was acceptable, however, where there was a total non compliance ...

CrPC S. 439 – Bail applications – Victim – It shall be obligatory upon the High Court to provide them a legal aid counsel with adequate experience in criminal law

Limitation – When stakes are high, the explanation should not be rejected by taking a pedantic and hyper technical view of the matter, causing thereby irreparable loss and injury to the party against whom the lis terminates –

Limitation - It is true that a valuable right may accrue to the other party by the law of limitation, ...

Service matter – 100% reservation , not permissible.

Limitation Act, S. 14 – The substantive provisions of Sub-sections (1), (2) and (3) of Section 14 do not say that Section 14 can only be invoked on termination of the earlier proceedings, prosecuted in good faith – Section 14 excludes the time spent in proceeding in a wrong forum, which is unable to entertain the proceedings for want of jurisdiction, or other such cause.

Limitation Act, 1963 (36 of 1963), Section 14 – Does not say that Section 14 can only be invoked on ...

Limitation Act S. 5 – Merely because sufficient cause has been shown, a party is not entitled to the condonation of delay in question as a matter of right if sufficient cause is not proven – Commercial Courts Act 2015

IBC S. 238A – Limitation – We see no reason why Section 14 or 18 of the Limitation Act, 1963 should not apply to proceeding under Section 7 or Section 9 of the IBC – Section 238A of the IBC makes the Limitation Act applicable to proceedings in NCLT/NCLAT ‘as far as may be’ and/or in other words, to the extent they may be applied

Insolvency and Banking Code, 2016 (31 of 2016), Section 238A - Another civil proceeding whether in a Court of first ...

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

Words- Words – ‘Shall’ – ‘as far as may be’ – The use of words ‘as far as may be’, occurring in Section 238A of the IBC tones down the rigour of the words ‘shall’ in the aforesaid Section which is normally considered as mandatory – IBC S. 238A.

Words – ‘Shall’ - ‘as far as may be’ - The use of words ‘as far as may be’, occurring ...

Limitation Act, 1963 (36 of 1963), Section 5 – Delay – Condonation – Delay can be condoned irrespective of whether there is any formal application, if there are sufficient materials on record disclosing sufficient cause for the delay – Section 5 of the Limitation Act, 1963 does not speak of any application.

Limitation Act, 1963 (36 of 1963), Section 5 – Delay - Condonation - Delay can be condoned irrespective of whether ...

Service matter – Wilful misconduct and negligence simplicitor are not inter changeable terms

SARFAESI S. 13(2) – Right of the borrower to have a due consideration of objections where the bank is bound to apply its mind and inform the borrower of its reasons as to why and how the account is classified as NPA

SARFAESI Act Section 13(2) - The right of the borrower to have a due consideration of objections is, therefore, an important ...

2022 PLRonline 0192

HIGH COURT OF PUNJAB & HARYANA Justice Jasjit Singh Bedi. Pankaj. - Petitioner. Versus State of Punjab - Respondent. CRM-M-25498-2021 ...

Affidavit – False affidavit – Fraud – Allotment of plot – The filing of a false affidavit disentitles the plaintiff for any equitable relief

CPC S. 11 – Res judicata – Suit property same – Reliefs prayed different – Does not bar.

by Punjab Law Reporter

Civil Procedure Code, 1908 (V of 1908), S. 11 – Res judicata – Suit for injunction filed by the present ...

IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

CrPC S. 438 – Anticipatory bail – – Bail application adjourned for a long without granting any interim protection – Interim protection granted

CrPC S. 438 - Anticipatory bail – Bail application moved on 24.05.2022, posted to 31.08.2022 without granting any interim ...

2022 SCeJ 0614 , 2022 PLRonline 2506

LoGin required CrPC S. 438 - Anticipatory bail – Bail application moved on 24.05.2022, posted to 31.08.2022 without granting any ...

Constitution of India, Article 226 – No such principle of law that a High Court, in exercise of its jurisdiction under Art.226 of the Constitution of India cannot decide disputed questions of fact.

CPC O. 7 R. 11(a) – Limitation – When a suit Ex facie indicates that it is barred by the law of limitation courts are bound to terminate the suit so as to avoid wastage the judicial time and to avoid inconvenience and hardship to the parties.