Transfer of Property Act S.106 – Rent Act – Filing of an eviction suit under general law serves as a notice to quit to the tenant without the requirement of a separate notice under Section 106. 2007 PLRonline 0105 (SC)

Sarfaesi S. 17 – Limitation – Interim stay by High Court. [ 2022 PLRonline 0606 (SC)]

Sarfaesi S. 13(2) – Notice to legal heirs – S. 13(4) – whether personal service is necessary in addition to affixation | 2010 PLRonline 0102

Sarfaesi – Dead person – The proceeding conducted against a dead person is bad in law – LRs of borrowers/respondent not brought on record – Notice to one LR is not notice to all. (2013 PLRonline 0110 – DRAT)

Sarfaesi – Proceedings against a dead person – Bad in law. 2021 PLRonline 5302

Mentioning of the wrong provision or non-mentioning of a provision in an application does not invalidate an order if the Court and/or statutory authority had the requisite jurisdiction therefore.

Judgment is a precedent for the issue of law that is raised and decided.

CrPC S. 482 –  Judicial comity and judicial discipline demands that higher courts should follow the law – High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of the said settled legal position. [PLRonline 438700]

CrPC S. 482 – Sarfaesi – Discretion has been conferred on the High Court to pass the interim orders in exceptional cases for not taking coercive steps against the accused pending the proceedings, particularly when the proceedings under the SARFAESI Act were initiated against the borrowers. [PLRonline update]

Civil Procedure Code, 1908 (V of 1908) Order 39 Rule 1 and 2 – Property – Dispute with regard to identity of the property – Status quo – It would be appropriate for the parties to maintain status quo with regard to their possession. [PLRonline 417502]

[SC] Motor Vehicles Act, – Composite negligence – Head on collision – Only 50% amount awarded to the claimant by the tribunal as the other vehicle was not impleaded  – High Court granted liberty to the appellants to file a separate claim for payment of the remaining amount – Set aside – Insurer liable to pay full amount and recover. [PLRonline 417503]

CPC O. 6 R. 17  read with O. 1 R. 10 – Application seeking impleadment of subsequent purchaser, as well as incorporating the necessary averments in the plaint – May not be a necessary party but cannot be said that the presence of the purchaser in the suit proceedings would be improper also. (PLRonline ID 46513)

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Tag: May and Shall

COI Art. 227 – Revision – Scope of interference is limited.

Words – May and Shall

by PLRonline
2.1k

When the word “may’ shall mean “shall”?  “Principles of Statutory Interpretation”, 14th Edition - Justice G.P. Singh  while considering the enabling ...

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