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Fair rent – Rent Controller can not fix fair rent as per provisions of Order 15 Rule 5 C.P.C.

NIA S. 138 - Dismissal in default - Once warrants has been issued, the complaint can not be dismissed for non prosecution

Home Criminal

[SC] IPC S. 420 – – In the absence of any allegation of dishonest inducement it cannot be said that offence under Section 420 has been committted.

by Punjab Law Reporter

in Criminal

Reading Time: 1 min read

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CPC O. 9 R. 13 – Setting aside exparte decree – Observations made by the High Court that defendant cannot be permitted to file their written statement can be said to be beyond the scope and ambit of the CMP filed before the High Court

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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.

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

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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.

NPA – Incorrect to presume that once an NPA is always an NPA – Prudential Norms and Master Circular issued by RBI

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Fair rent – Rent Controller can not fix fair rent as per provisions of Order 15 Rule 5 C.P.C.

NIA S. 138 - Dismissal in default - Once warrants has been issued, the complaint can not be dismissed for non prosecution

[SC] IPC S. 420 – – In the absence of any allegation of dishonest inducement it cannot be said that offence under Section 420 has been committted.

read MORE

IPC S. 376, 420 R/W S. 34 – Rape and consensual sex.

IPC S. 376, 420 r/w 34 – Breach of promise to marry – If the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape

Nonobstante clause – Statutory Interpretation

Where an act or an omission constitutes for an offence under two enactments the offender may be punished under either or both enactment but was not liable to be punished twice for the same offence.

FIR – Complaint already filed – Merely because on the same set of facts with the same allegations and averments earlier a complaint is filed, there is no bar to lodge the FIR with the police station with the same allegations and averments

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Fair rent – Rent Controller can not fix fair rent as per provisions of Order 15 Rule 5 C.P.C.

NIA S. 138 - Dismissal in default - Once warrants has been issued, the complaint can not be dismissed for non prosecution

[SC] IPC S. 420 – – In the absence of any allegation of dishonest inducement it cannot be said that offence under Section 420 has been committted.

read MORE

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