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[SC] Probation of Offenders Act 1958 S. 3 , 11 – Conviction is under Section 504 IPC where the maximum sentence provided is two years – There is no previous conviction – Released instead of carrying out the sentence after due admonition – IPC S. 504. 2022 SCeJ 0383

CrPC S. 406, 407 – If it appears that the dispensation of criminal justice is not possible impartially and objectively and without any bias, before any court or even at any place, the appropriate court may transfer the case to another court

December 6, 2022

Transfer of trial – Apprehension of not getting a fair and impartial enquiry/trial is required to be reasonable and not imaginary

December 6, 2022

ARUL DANIEL v. SUGANYA, 2022 PLRonline 0490 (Mad.), (2022-4)208 PLRIJ 0033 (Mad.) (FB)

December 5, 2022

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

DV Act, S. 12 – Proceedings under Section 12 of the D.V. Act is Civil in nature and not Criminal.

December 5, 2022

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

DVA S. 12 – “Whether a proceeding under Section 12 of the D.V. Act can be challenged under Article 227 of the Constitution or under Section 482 of Cr.P.C. ?

December 5, 2022

Sarfaesi – Auction – Rule 9(4) – Appears to be not as sacrosanct and the period can be extended

December 4, 2022

Sarfaesi – R. 9(4) – Four days’ delay which was caused in terms of the original auction notice, in deposit of the auction bid amount , in no manner, would frustrate or annul the auction proceedings

December 3, 2022

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

SARFAESI – Typographical error – Mere typographical error due to inadvertence which has not caused any prejudice to the borrowers, that in itself could not be considered to be the ground to annul the process held by the secured creditor

December 3, 2022

Sarfaesi – Writ petition – Alternate remedy – S. 17 dismissed – We deprecate such practice of entertaining the writ application by the High Court

December 3, 2022

Suit for specific performance – Earnest money refund of – No prayer for an alternative relief for refund – Decree passed in favour of plaintiff for recovery of earnest money

December 3, 2022

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

[SC] Alternate remedy – Where an effective remedy is available to an aggrieved person, the High Court ordinarily must insist that before availing the remedy under Article 226 of the Constitution – Sarfaesi

December 3, 2022

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

[SC] Security Interest (Enforcement) Rules, 2002- R. 9(4) – The period of fifteen days in Rule 9(4) is not that sacrosanct and it is extendable if there is a written agreement between the parties for such extension

December 3, 2022

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Home Tag Principle of estoppel or acquiescence

Tag: Principle of estoppel or acquiescence

Practice and Procedure – Judicial propriety – General observations by High Court deprecated

Whether principle of estoppel and acquiescence will prevail over statutory service rules prescribing the procedure for promotion of ClassIV employees to ClassIII working in the Banaras Hindu University BHU, Varanasi, a Central University? Principle is that principle of estoppel cannot override the law.

Constitution of India, Arts.226, 16 – Evidence Act (1872), S.115 – Promotion of Class-IV employees to Class-III – Whether principle ...

Waiver – Waiver is an intentional relinquishment of a known right.

Family settlement – Estoppel – After having arrived at a family settlement and acting thereupon, the parties are estopped from challenging the same.

by Punjab Law Reporter

Registration Act, 1908, S. 17, 17(1)(b) - Family settlement - Estoppel - After having arrived at a family settlement and ...

Admission – is only a piece of evidence and not conclusive proof

Principle of estoppel or acquiescence

Principle of estoppel or acquiescence - While applying the procedural law like principle of estoppel or acquiescence, the court would ...

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