CPC O. 11 R. 1 and 4  – Interrogatories – Interrogatories must have a reasonably close connection with the “matters in question” , cannot be refused on the grounds that there are other means of proving the fact in question, Interrogatories that favor the case of the applicant and damage/destroy the case of the opponent would be admissible, service of interrogatories can allowed at any stage of the suit. [PLRonline 324702]

Sarfaesi – No proceeding U/s 13(4) – Writ maintainable – Overcharging of interest by Bank – Sarfaesi set aside – NPA could not be continued if account was regularised. [2022 PLRonline 0594]

SC issues notice to RBI a. qua handing over of loan documents  b. change in RATE OF INTEREST applicable to loans  c. furnishing yearly STATEMENT OF ACCOUNTS to account holders

CrPC S. 391, 311 – NIA S. 138 – Leading additional defence evidence and re-calling the respondent/complainant for cross-examination. [2019 PLRonline 3507]

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

Decree – Setting aside exparte decree – Knowledge – applicant must have knowledge not merely that a decree has been passed by some Court against him, but that a particular decree has been passed to against him in a particular Court in favour of a particular person for a particular sum. [1967 PLRonline 0001 (SC)]

Companies Act, 1956 Section 81 , 441, 629A  – Tribunal (NCLT) has all the powers to compound all the offences irrespective of any pecuniary limit. [2023 PLRonline 0112]

SARFAESI – High Court u/s 482 Cr.P.C can not quash Order passed under S. 14 of the SARFAESI ACT – Any remedy against such order can be availed only under the SARFAESI ACT, 2002. [SupremeCourtOnline 456603]

Right to Information Act – Duty of public authorities – Direct that the Central Information Commission and the State Information Commissions – Shall continuously monitor the implementation of the mandate of Section 4 of the Act as also prescribed by the Department of Personnel and Training in its Guidelines and Memorandums issued from time to time.

IPC S. 498A   – Cruelty – Non-providing of proper medical aid is cruelty. [ 2023 PLRonline 419673]

Banking – Forged DD – Liability of person presenting the same – Plaintiff Bank  has passed the Demand Daft being received by way of collection by another bank – U/s 72 of the Contract Act, person receiving proceeds from forged draft liable to refund the money to the bank . [ID 317402]

NIA S. 148 – CrPC S. 389 – Condition of deposit when an accused applies for suspension of sentence under Section 389 – Typically, the accused applies for relief without any conditions – If a blanket order is sought, the court must determine if the case falls under the exception of Section 148 – Impugned orders have been set aside. [(2023-3)211 PLR 260 (SC)]

MVA S. 163-A – U/s 163-A compensation is payable to a third party only – Deceased borrower of the vehicle cannot be considered a third party – Allowed Additional Personal Accident Cover as premium was paid. [(2023-3)211 PLR 228]

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Rules Framed Under Prisons Act, 1894

Rules Framed Under Prisons Act, 1894

Published vide Home Department (Jails) Notification No. 31354. Dated 22nd October, 1931

HOME DEPARTMENT

Jails.No. 31354. Dated 22nd October, 1931 – The following rules have been framed by the local Government, with the previous consent of the Government-General in Council, under clause (t) of Section 60 of the Prisons Act, 1894, to regulate the custody of persons who have accepted a of pardon under the provisions of Section 337, Criminal Procedure Code, and are published for general information :-

Rules1. All persons who have accepted a tender of pardon under the provisions of Section 337, Criminal Procedure Code, shall be kept separate from all other classes of persons and shall be kept separate from each other, unless, the District Magistrate shall otherwise direct.2. Except under the orders of the Superintendent no jail official below the rank of Deputy Superintendent, who is in charge of prisoners of other classes, and no jail menial shall have access to any person who has accepted a tender of pardon under the provisions of Section 337, Criminal Procedure Code.3. The persons who have accepted a tender of pardon under the provisions of Section 337, Criminal Procedure Code, shall be permitted to associate with a person or persons of their own sex subject to the control and approval of the local Government. If it is not practicable to arrange for such association a paid warder shall be posted on duty at the ward or cell as the case may be to keep such prisoner's company.4. No one shall be allowed to interview a person who has accepted a tender of pardon under the provisions of Section 337, Criminal Procedure Code, without the written permission of the District Magistrate whose discretion in the matter shall be absolute.5. Every person who has accepted a tender of pardon under the provisions of Section 337, Criminal Procedure Code, shall be supplied with food at Government expense on such a scale suitable to his status in life as may be approved by the District Magistrate, provided that it shall in no case be inferior to the diet supplied to ordinary unconvicted criminal prisoners.Such food shall not be prepared in the convict cook house or cooked and served by convict cooks, but shall either be cooked by the prisoner himself or by such agency and in such place either within or without the jail as may be approved by the Superintendent subject to the control of the District Magistrate.6. No letter, written communication of any kind, book, newspaper, packet or parcel of any description shall either be delivered to or sent by a person who has accepted a tender of pardon under the provisions of Section 337, Criminal Procedure Code, without the permission of the Superintendent under the control of the District Magistrate. The Superintendent shall be allowed to withhold and confiscate any such letter, written communication, etc.

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