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Tag: Punjab and Haryana

Suit for permanent injunction – Co-sharer – A co-sharer cannot claim exclusive possession without a formal partition by metes and bounds. The vendee’s right to possession arises only after partition, ensuring fair division among all co-owners. 2010 PLRonline 0103 PH

2010 PLRonline 0103 PH . PUNJAB AND HARYANA HIGH COURT JUSTICE VINOD K. SHARMA Bhupinder Singh & others.......... Appellants Versus ...

Punjab Village Common Lands (Regulation) Act – S. 7(1) – Eviction from a public street – Maintainability of Application. [PLRonline 429683]

Gurdev SIngvh v. State of Punjab | PLRonline 429683 , (2023-4)212 PLR 318 Punjab Village Common Lands (Regulation) Act, 1961 ...

Insurance – Mediclaim policy – Pre existing disease – Non-disclosure – Burden of proof – Prescription – Mere mentioning in the prescription would not amount to establishing a concealment – Senior Citizens policy – Pre-medical check-up – Having opted to waive of was thus conscious – Insurer liable. [PLRonline # 446681]

No document produced by Insurance company to prove that claimant was suffering from any heart disease for last several years ...

CrPC S. 210 – FIR already registered – Private complaint – Magistrate issuing summoning order – It was incumbent upon the trial Court to stay the proceedings of the inquiry/trial and call for a report on the matter from the Police Officer conducting the investigation – Summoning order passed in derogation of the procedure as prescribed under Section 210 Cr.P.C. – Quashed. [PLRonline 418666]

(2023-2)210 PLR 697 PUNJAB AND HARYANA HIGH COURT Before: Justice Pankaj Jain. GURBACHAN SINGH and Others - Petitioners Versus STATE ...

Court Fee Act S. 16 – CPC S. 89 – Specific Relief Act S. 38 – Emphasize the legislature’s effort to settle cases through alternative dispute resolution mechanisms – Settlement – Refund of court fees even if not asked for. [PLRonline 318802 (P&H)]

2015 PLRonline 0207 (P&H) PUNJAB AND HARYANA HIGH COURT Before:- Justice Bharat Bhushan Parsoon. Pradeep Sonawat - Petitioner Versus Satish ...

[SC] CrPC S. 167(2) – Whether accused is entitled to seek default bail under provisions of section 167(2) of Code of Criminal Procedure, 1973 on ground that a chargesheet filed without sanction is an incomplete chargesheet which could be termed as not in consonance with sub section (5) of section 173 of the CrPC, 1973?

2023 SCeJ 356 2023 PLRonline 0116 (SC) . SUPREME COURT OF INDIA Before:- Dr. Dhananjaya Y. Chandrachud, CJI and Justice ...

Will – Proof – Photocopy – That being so, the question of comparison of signatures on the said photocopy of the Will with that of the register of the Deed Writer would not arise. [PLRonline 479650]

Will - Comparison of signatures - Expert from a government laboratory reported that they couldn't conduct an examination of the ...

“Proclaimed Person” and “Proclaimed Offender” have distinct meanings. [PLRonline 216302]

Punjab Land Revenue Act, 1887, Section 28 – Lambardar – Appointment of – Age – Is a relevant factor . [PLRonline 119102]

2008 SupremeCourtOnline 0201 ; PLRonline 119102 SUPREME COURT OF INDIA ( Before : S. B. Sinha, J; Cyriac Joseph, J ...

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 – CIRP – STAYED by P&H High Court | Counsel for the Financial Creditor was also the counsel for the RP | RP did not secure 66% votes u/s 22 IBC, and subsequently approached the FCs for increasing his vote share | Appointment per-se was not as per the statutory provisions and would go to the root of the matter. [PLRonline.in]

CIRP proceedings / Resolution Plan stayed by PUNJAB AND HARYANA High Court | Counsel for the Financial Creditor was also ...

Protection – P1 is legally wedded wife of R4 – Without seeking divorce from her spouse she is living a lustful and adulterous life with P2 – Act of P2 may constitute an offence under S. 494/495 IPC – Dismissed

2021 PLRonline 9097 PUNJAB AND HARYANA HIGH COURT Ashok Kumar Verma J. HARPREET KAUR v. STATE OF PUNJAB CRWP- 10399 ...

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

Punjab Land Revenue Act, 1887 – S.118, S.121 – Merely because instrument of partition was not drawn u/s 121 , could not be said that the partition was not completed. [ 2023 SCeJ 0211]

Cr.P.C. First Schedule , Part-II – Where the offence is punishable for imprisonment for three years, the offence shall be cognizable and non-bailable.

Custody of minor child – Interest and welfare to be judged on the basis of acknowledged superiority of the mother’s love and affection – Habeas Corpus maintainable by one parent – Mental Health of mother – Effect of. [2023 PLRonline 469657]

Execution – Mere pendency of an appeal does not mean that decree passed by trial Court is not to be executed. [2023 PLRonline 485657]

LogIn to read (2023-1)209 PLR 774; 2023 PLRonline 485657 Chanderwati v. Rajinder Kumar Arjun Singh, (2023-1)209 PLR 774; 2023 PLRonline ...

Custody of Child – Question of custody and welfare of the child being supreme – Can only be decided on the basis of evidence – Relegated to avail the remedy under the Guardian and Wards Act to seek the custody of the minor child before the appropriate Court – Habeas corpus [PLRonline 3313405]

Custody of Child - Question of custody and welfare of the child being supreme - Can only be decided on ...

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Tag: Punjab and Haryana

Suit for permanent injunction – Co-sharer – A co-sharer cannot claim exclusive possession without a formal partition by metes and bounds. The vendee’s right to possession arises only after partition, ensuring fair division among all co-owners. 2010 PLRonline 0103 PH

Punjab Village Common Lands (Regulation) Act – S. 7(1) – Eviction from a public street – Maintainability of Application. [PLRonline 429683]

Court Fee Act S. 16 – CPC S. 89 – Specific Relief Act S. 38 – Emphasize the legislature’s effort to settle cases through alternative dispute resolution mechanisms – Settlement – Refund of court fees even if not asked for. [PLRonline 318802 (P&H)]

Will – Proof – Photocopy – That being so, the question of comparison of signatures on the said photocopy of the Will with that of the register of the Deed Writer would not arise. [PLRonline 479650]

“Proclaimed Person” and “Proclaimed Offender” have distinct meanings. [PLRonline 216302]

Punjab Land Revenue Act, 1887, Section 28 – Lambardar – Appointment of – Age – Is a relevant factor . [PLRonline 119102]

Protection – P1 is legally wedded wife of R4 – Without seeking divorce from her spouse she is living a lustful and adulterous life with P2 – Act of P2 may constitute an offence under S. 494/495 IPC – Dismissed

Punjab Land Revenue Act, 1887 – S.118, S.121 – Merely because instrument of partition was not drawn u/s 121 , could not be said that the partition was not completed. [ 2023 SCeJ 0211]

Custody of minor child – Interest and welfare to be judged on the basis of acknowledged superiority of the mother’s love and affection – Habeas Corpus maintainable by one parent – Mental Health of mother – Effect of. [2023 PLRonline 469657]

Execution – Mere pendency of an appeal does not mean that decree passed by trial Court is not to be executed. [2023 PLRonline 485657]

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