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NIA S. 138
• Liability of Joint Account Holders (Section 138)
• Cognizance Against Non-Drawers (Section 138)
• Interpretation of "Such Person" in Section 138
READ here https://sites.google.com/plronline.in/plronline/n/nia/nia-zs-138-such-person-means-drawer-only
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Consumer Protection Act – Stocks and shares – Invesment in – Complainant is not a Consumer – It is not the case of the Complainant that he had invested the money in share market exclusively for earning his livelihood. [2022 PLRonline 0596 (NCDRC)] Read Judgment: https://supremecourtonline.in/consumer-protection-act-stocks-and-shares-invesment-in-complainant-is-not-a-consumer-it-is-not-the-case-of-the-complainant-that-he-had-invested-the-money-in-share-market-exclusively-fo/
NDPS S. 2 (viia) read with the notification S.O. No. 1055 (E) dated 19/10/2001 , Section 37, 52A – “commercial quantity” – Weight Adjustment due to Drying – Weight recorded during inventory before the Magistrate considered – Bail Consideration for Multiple Accused. (2023-4)212 PLR 012 https://sites.google.com/plronline.in/plronline/n/ndps/ndps-s-2-viia-read-with-the-notification-s-o-no-1055-e-191001
Punjab Law Reporter : Court proceedings – Videography – Whether would amount to criminal contempt of court ? [(2023-4)212 PLR 163] read HERE : https://supremecourtonline.in/26301-2/ JOIN : **
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NIA S. 143-A (2)
20% is the maximum limit - Court is obligated to provide reasons for awarding the maximum limit of interim compensation - Order set aside | https://sites.google.com/plronline.in/plronline/n/nia
CrPC S. 319 – Tests – Summoning Of Additional Accused – Evidence Must Be Of Such Degree Which Is More Than Disclosing Prima Facie Case But May Be Less Than Sufficient To Ensure Conviction.
- The power under Section 319 of the Code of Criminal Procedure (CrPC) can be exercised during any inquiry into or trial of an offense, where it appears from the evidence that any person not being the accused has committed an offense for which they could be tried together with the accused.
Read HERE: https://sites.google.com/plronline.in/plronline/plronline-in/23-nov/crpc-s-319
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General Clause Act, Section 27 – Notice - Returned with remarks, Door lock, unclaimed etc. - If the notice is issued to the correct address of the accused and if the notice is not able to serve due to the reasons assigned in the said shara, it is deemed that the notice is served to the accused – NIA S. 138. ((2023-4)212 PLR 068, 2023 PLRonline 0120 ) read: https://supremecourtonline.in/general-clause-act-section-27-notice-returned-with-remarks-door-lock-unclaimed-etc-if-the-notice-is-issued-to-the-correct-address-of-the-accused-and-if-the-notice-i/
CPC O. 7 R. 11
A plaint cannot be rejected in part.............https://sites.google.com/plronline.in/plronline/cpc/cpc-o-7/cpc-o-7-r-11-order-7-rule-11-a-plaint-cannot-be-rejected-in-part
CPC Order 7 Rule 11 - True test is first to read the plaint meaningfully and as a whole, taking it to be true - At this stage, court is not concerned with the correctness of the averments .... https://sites.google.com/plronline.in/plronline/cpc/cpc-o-7/copy-of-cpc-o-7-r-11-true-test-is-first-to-read-the-plaint-meaningfully
CrPC S. 167(2)
If charge-sheet is filed subsequent to the availing of the indefeasible right by the accused then that right would not stand frustrated or extinguished | [PLRonline 219400] |https://sites.google.com/plronline.in/plronline/plronline-in/23oct/231028/crpc-s-1672
CrPC S. 167(2) -Default bail – Challan not filed within specified period – Accused gets an indefeasible right to be released on bail. [PLRonline 219400] https://sites.google.com/plronline.in/plronline/plronline-in/23oct/231028/crpc-s-1672-constitution-of-india-article-21-default-bail
CrPC S. 167(2)
Default bail | An accused must be held to have availed of his indefeasible right, the moment he files an application for being released on bail and offers to abide by the terms and conditions of bail.
https://sites.google.com/plronline.in/plronline/plronline-in/23oct/231028/crpc-s-3672-default-bail
As lawyers would need to meet stricter timelines , Supreme court issues directions for Speedy Disposal of cases.
PUNJAB LAW REPORTER / PLRonline
Judgment dated : 20.10.2023, reported in (2023-3)211 PLR 644 (SC)
Speedy justice - Civil cases - Directions issued to the to the trial courts to ensure `speedy justice' is delivered.
I. Time-bound execution of summons
II. Filing of Written Statements - Courts must ensure written statements are filed within 30 days
III. Procedure After Pleadings - After pleadings, parties should opt for either court proceedings or alternate dispute resolution (ADR)
IV. Framing Issues
V. Date of Trial - The date of the trial is to be decided in consultation with the advocates for the parties - Trials should proceed on a day-to-day basis.
VI. Case Management -
VII. Trial Procedure - All trial courts must comply with specific procedural rules and conduct trials on a continuous, day-to-day basis
VIII. Costs and Adjournments -
IX. Monitoring of Old Cases - pending for over 5 years will be sent to the Principal District Judge
Read here: https://sites.google.com/plronline.in/plronline/cpc/speedy-justice-in-civil-cases
PUNJAB LAW REPORTER
Civil | Criminal | Revenue
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CPC - Order 1 Rule 10 - Plaintiff is the "dominus litus," meaning the master of the litigation - The appellant, who has filed the instant suit for specific performance of the contract for sale is dominus litus and cannot be forced to add parties against whom he does not want to fight unless it is a compulsion of the rule of law
https://sites.google.com/plronline.in/plronline/cpc/cpc-o-1-r-10/copy-of-cpc-o-1-r-10
PLRonline.in
CIVIL | CRIMINAL | REVENUE
CPC - Order 1 Rule 10 - Plaintiff is the "dominus litus," meaning the master of the litigation - The appellant, who has filed the instant suit for specific performance of the contract for sale is dominus litus and cannot be forced to add parties against whom he does not want to fight unless it is a compulsion of the rule of law
https://sites.google.com/plronline.in/plronline/cpc/cpc-o-1-r-10/copy-of-cpc-o-1-r-10
PLRonline.in
CIVIL | CRIMINAL | REVENUE
*Constitution of India, Article 14 – If an employee dies, can an order be passed in a show cause notice pending against an employee for the withdrawal of their pay scale*
read HERE: PLRonline 449676
https://sites.google.com/plronline.in/plronline/constitution-of-india/constitution-of-india-art-14
PUNJAB LAW REPORTER
Civil | Criminal | Revenue
Join here : https://chat.whatsapp.com/Evazb2BiINzBBY8kd8zrRY
PLRonline.in
CIVIL | CRIMINAL | REVENUE
*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
https://supremecourtonline.in/court-fee-act-s-16-cpc-s-89-specific-relief-act-s-38-emphasize-the-legislatures-effort-to-settle-cases-through-alternative-dispute-resolution-mechanisms-settlement-refund-of-cour/
