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Tag: Revision

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)

Transfer of Property Act, Section 106 and Delhi Rent Control Act, 1958 - Filing of an eviction suit under general ...

[SC] CPC – O. 9 R. 13, O. 43 R. 1(d), S. 115 – Revision Petition cannot be filed if an appeal is maintainable – Appeal is only applicable against the refusal to set aside the ex-parte decree under O.9 R. 13, not against an order allowing such an application – If appeal against the ex-parte decree is dismissed (except when withdrawn), the remedy under Order 9 Rule 13 cannot be pursued. [PLRonline 424683 (SC)]

KOUSHIK MUTUALLY AIDED COOPERATIVE HOUSING SOCIETY v. AMEENA BEGUM (2023-4)212 PLR 313 (SC) = 2023 SCeJ 0562 = PLRonline 424683 ...

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

Section 115 and 114 of the Haryana Cooperative Societies Act, 1984 (22 of 1984) ensure that in a revision, a finding must be given that the order under challenge was either illegal or improper. If no such exercise has been undertaken, the order must be set aside. [PLRonline 444676]

(2023-3)211 PLR 633 PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Fateh Deep Singh. BASANT KUMAR and others – Petitioners, ...

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 ...

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 ...

NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]

2014 PLRonline 0208 (SC) SUPREME COURT OF INDIA ( Before : Ranjana Prakash Desai J; N.V. Ramana J ) H. ...

DNA – Right to personal liberty, privacy – Refusal. [2021 PLRonline 5203]

2021 PLRonline 5203, ASHOK KUMAR v. RAJ GUPTA SUPREME COURT OF INDIA ( Before : R. Subhash Reddy and Hrishikesh ...

Limitation ActS. 5 – Sufficient cause – Substantial justice – Every day’s delay must be explained

1. Ordinarily a litigant does not stand to benefit by lodging an appeal late. 2. Refusing to condone delay can ...

Land Acquisition Act of 1894 – Claimant is entitled to payment of interest on solatium from the date of entitlement as provided under the provisions of the Act and payment of interest cannot be restricted from the date of Sunder case decided. Obiter in Gurpreet Singh’s case, which incidentally made some observation with regard to the payment of interest on solatium, is not the binding precedent. [2015 PLRonline 0205 (SC)]

2015 PLRonline 0205 (SC), Periyar And Pareekanni Rubbers Ltd. v. State Of Kerala SUPREME COURT OF INDIA V. Gopala Gowda ...

CPC O. 21 R. 102 clarifies that Rule 98 and Rule 100 do not apply in cases where resistance or obstruction in the execution of a decree is offered by a transferee pendente-lite. [2022 SCeJ 1409, 2022 PLRonline 1410504]

2022 SCeJ 1409, 2022 PLRonline 1410504 SUPREME COURT OF INDIA Indira Banerjee J. J.K. Maheshwari J. SRIRAM HOUSING FINANCE AND ...

Banking – Auction – Mortgage – Receiver has responsibility to maintain the property in good condition and prevent its deterioration – Creditor cannot later claim that the property lost value while in their custody, will be accountable for any loss in property value.

While the attempt of the banks and financial institutions to minimize their losses makes good business sense, there cannot be ...

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]

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 ...

Punjab Land Revenue Act S. 16 – Financial Commissioner, Haryana, would have the jurisdiction to entertain the revision petition as the proceedings have been initiated in the year 2006.

2019 PLRonline 3409 VED PAL v. FINANCIAL COMMISSIONER HARYANA, 2019 PLRonline 3409 Punjab and Haryana High Court A.G. Masih, J. ...

Local Commissioner – Order refusing to appoint – Not a revisable order. [PLRonline 402605]

PLRonline 402605 Deva Singh v. Mohinder Singh, 2022 PLRonline 0591 2022 PLRonline 0591 Punjab and Haryana High Court MRS. JUSTICE ...

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Tag: Revision

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)

Section 115 and 114 of the Haryana Cooperative Societies Act, 1984 (22 of 1984) ensure that in a revision, a finding must be given that the order under challenge was either illegal or improper. If no such exercise has been undertaken, the order must be set aside. [PLRonline 444676]

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]

DNA – Right to personal liberty, privacy – Refusal. [2021 PLRonline 5203]

Limitation ActS. 5 – Sufficient cause – Substantial justice – Every day’s delay must be explained

CPC O. 21 R. 102 clarifies that Rule 98 and Rule 100 do not apply in cases where resistance or obstruction in the execution of a decree is offered by a transferee pendente-lite. [2022 SCeJ 1409, 2022 PLRonline 1410504]

Banking – Auction – Mortgage – Receiver has responsibility to maintain the property in good condition and prevent its deterioration – Creditor cannot later claim that the property lost value while in their custody, will be accountable for any loss in property value.

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]

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

Punjab Land Revenue Act S. 16 – Financial Commissioner, Haryana, would have the jurisdiction to entertain the revision petition as the proceedings have been initiated in the year 2006.

Local Commissioner – Order refusing to appoint – Not a revisable order. [PLRonline 402605]

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