PLR | Supreme Court e@journal | Supreme Court online | SC online | Law | Legal

*PLRonline* _Reports that you use…._ a. Criminal Trial – Dying Declaration b. Consumer – Joint complaint c. Legal Services Authorities Act * [SC] 27.09.23 | *Criminal trial – Dying declaration – Fail to understand as to how the same dying declaration could have been made basis for conviction of the appellant when the same was disbelieved insofar as another accused is concerned. [2023 SCeJ 387]* https://supremecourtonline.in/criminal-trial-dying-declaration-fail-to-understand-as-to-how-the-same-dying-declaration-could-have-been-made-basis-for-conviction-of-the-appellant-when-the-same-was-disbelieved-insofar-as/ *JOIN* https://chat.whatsapp.com/Evazb2BiINzBBY8kd8zrRY -- *CPA – Definition of ‘consumer’ includes ‘consumers’ – Joint complaint by multiple consumers need not be filed in representative capacity – Will include multiple consumers . [2023 SCeJ 345 , 2023 PLRonline 0115 (SC), (2023-3)211 PLR 458 (SC) (SN)]* https://supremecourtonline.in/cpa-1986-definition-of-consumer-includes-consumers-joint-complaint-by-multiple-consumers-need-not-be-filed-in-representative-capacity-will-include-multiple-consumers-2023-scej/ -- *Legal Services Authorities Act, 1987 - Partition Suit - Whether an order passed by the Permanent Lok Adalat in a partition suit is binding ?* https://sites.google.com/plronline.in/plronline/l/legal-services-authorities-act-1987 JOIN https://chat.whatsapp.com/Evazb2BiINzBBY8kd8zrRY

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]* Read here: https://supremecourtonline.in/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-id-479650/ *JOIN* https://chat.whatsapp.com/Evazb2BiINzBBY8kd8zrRY

Judgment - Pronouncement – Judgment pronounced in open Court – Signed later after transfer of presiding officer - Effect of [ *PLRonline 452654* ] *ReadHERE:* https://sites.google.com/plronline.in/plronline/j/judgment *JOIN* https://chat.whatsapp.com/Evazb2BiINzBBY8kd8zrRY

*SC issues notice to RBI a. qua handing over of loan documents  b. change in RATE OF INTEREST applicable to loans  c. furnishing yearly STATEMENT OF ACCOUNTS to account holders* https://supremecourtonline.in/sc-issues-notice-to-rbi-a-qua-handing-over-of-loan-documents-b-change-in-rate-of-interest-applicable-to-loans-c-furnishing-yearly-statement-of-accounts-to-account-holders/ *Invite your friends* : https://chat.whatsapp.com/Evazb2BiINzBBY8kd8zrRY

CPC O. 11 R. 1 and 4  – Interrogatories – Interrogatories must have a reasonably close connection with the “matters in question” , cannot be refused on the grounds that there are other means of proving the fact in question, Interrogatories that favor the case of the applicant and damage/destroy the case of the opponent would be admissible, service of interrogatories can allowed at any stage of the suit. [PLRonline 324702] https://supremecourtonline.in/cpc-o-11-r-1-and-4-interrogatories-interrogatories-must-have-a-reasonably-close-connection-with-the-matters-in-question-cannot-be-refused-on-the-grounds-that-there-are-other-means-of/

CPC O. 39 R. 1 and 2 – Status quo – Vacated – Bonafide purchaser – Ancestral property – Appellants bona fide purchasers of ancestral property without notice – Late claim and substantial developments, the balance favored Defendants – Plaintiff’s name not in revenue records – Status quo vacated. [ *PLRonline 452654* ] *ReadHERE:* https://sites.google.com/plronline.in/plronline/cpc/o-39 *JOIN* https://chat.whatsapp.com/Evazb2BiINzBBY8kd8zrRY

CRPC S. 391, 311 – NIA S. 138 – LEADING ADDITIONAL DEFENCE EVIDENCE AND RE-CALLING THE RESPONDENT/COMPLAINANT FOR CROSS-EXAMINATION. Accused sentenced - The petitioner's plea of innocence and false implication in the statement recorded under Section 313 Cr.P.C., 1973 does not affect his right to lead additional defense evidence . [2019 PLRonline 3507] Read HERE: https://supremecourtonline.in/crpc-s-391-311-nia-s-138-leading-additional-defence-evidence-and-re-calling-the-respondent-complainant-for-cross-examination-2019-plronline-3507/ Invite your friends : https://chat.whatsapp.com/Evazb2BiINzBBY8kd8zrRY

Suit for permanent injunction – Unregistered agreement to sell – Plaintiff cannot get the relief even for permanent injunction on the basis of such an unregistered document/agreement to sell, more particularly when the defendant specifically filed the counter-claim for getting back the possession https://supremecourtonline.in/suit-for-permanent-injunction-unregistered-agreement-to-sell-plaintiff-cannot-get-the-relief-even-for-permanent-injunction-on-the-basis-of-such-an-unregistered-document-agre/

Banking SARFAESI – High Court u/s 482 Cr.P.C can not quash Order passed under S. 14 of the SARFAESI ACT – Any remedy against such order can be availed only under the SARFAESI ACT, 2002. [SupremeCourtOnline 456603] Read HERE : https://supremecourtonline.in/ Join here : https://chat.whatsapp.com/Evazb2BiINzBBY8kd8zrRY

SUPREMECOURTONLINE Insurance – Insurer must show that the case falls within the exclusionary clause – Survey report – insurer must provide cogent and satisfactory reasons or grounds for not accepting the surveyors report – Ambiguity – Benefit to insured. [ PLRonline 477670] *read HERE * https://bit.ly/3OZoJDb *Join* https://chat.whatsapp.com/Evazb2BiINzBBY8kd8zrRY

Principles governing dying declaration https://supremecourtonline.in/principles-governing-dying-declaration/ Join https://chat.whatsapp.com/Evazb2BiINzBBY8kd8zrRY

Consumer Protection Act – Fraud, forgery – Jurisdiction – Cheque – Forged signature – Complaints which are based on allegations of fraud, forgery, etc. and trial of which would required voluminous evidence and consideration are not to be entertained by this Commission – Banking. [ PLRonline ID 321501] https://supremecourtonline.in/consumer-protection-act-fraud-forgery-jurisdiction-cheque-forged-signature-complaints-which-are-based-on-allegations-of-fraud-forgery-etc-and-trial-of-which-would-req/

NIA S. 138 – Correction of Cheque Numbers – Wrong cheque numbers mentioned in Legal Notice and complaint - Typographical error - Application to correct the cheque numbers approved. [PLRonline ID 412670] *READ HERE*: https://supremecourtonline.in/nia-s-138-correction-of-cheque-numbers-wrong-cheque-numbers-mentioned-in-legal-notice-and-complaint-typographical-error-application-to-correct-the-cheque-numbers-approved-id/ *JOIN HERE*: https://chat.whatsapp.com/Evazb2BiINzBBY8kd8zrRY

[SC] HMA S. 13 – Divorce – Irretrievable breakdown of marriage – After 10 days of marriage, FIR registered u/s 498A – Parties not subserved the very objective of marriage of companionship for each other from very inception and living apart for more than 19 years. [Supreme Court Online ID 5416402] Read here: https://supremecourtonline.in/hma-s-13-divorce-irretrievable-breakdown-of-marriage-after-10-days-of-marriage-fir-registered-u-s-498a-parties-not-subserved-the-very-objective-of-marriage-of-companions/ Join: https://chat.whatsapp.com/Evazb2BiINzBBY8kd8zrRY

Drugs and Cosmetics Act – Bail - Prima facie requirement is to show he is in charge of, or responsible for the conduct of the business of the company, be it in any capacity and if he is the Director, Manager, Secretary or officer of the company it should be averred and shown that the offence took place with his consent or connivance or is also attributable to the neglect on the part of such person. [PLRonline ID 454671] READ HERE: https://supremecourtonline.in/25810-2/ JOIN HERE: https://chat.whatsapp.com/Evazb2BiINzBBY8kd8zrRY

*CrPC S. 125 – Order passed in an application under Section 125 does not finally determine the rights and obligations of the parties - Said section is enacted with a view to provide a summary remedy for providing maintenance to a wife, children and parents - It is not open for the respondent to put forth the contention that he is willing to maintain the petitioners, if they come and reside with him. [(2023-3)211 PLR 144]* *this and other updates u/s 125* *READ HERE*: https://bit.ly/3qHmgoX *JOIN HERE*: https://chat.whatsapp.com/Evazb2BiINzBBY8kd8zrRY

NIA s. 141(1) – Liability of director in company – The words “was in charge of” and “was responsible to the company for the conduct of the business of the company” to be read together in view of use of the word “and” in between – Complaint quashed. https://supremecourtonline.in/nia-s-1411-liability-of-director-in-company-the-words-was-in-charge-of-and-was-responsible-to-the-company-for-the-conduct-of-the-business-of-the-company-to-be-read-together-in-view-of-u/

[SC] CrPC S. 482 – Quashing – Types of materials the High Court can assess to quash an FIR – Court drew a fine distinction between consideration of materials that were tendered as evidence and appreciation of such evidence – Only such material that manifestly fails to prove the accusation in the FIR can be considered for quashing an FIR. https://supremecourtonline.in/sc-crpc-s-482-quashing-duties-of-court-in-frivolous-or-vexatious-proceedings-the-court-owes-a-duty-to-look-into-many-other-attending-circumstances-emerging-from-the-record-of-the-case-over-a/

*AGREEMENT TO SELL* • Execution of the agreement is not in dispute, and the agreement was exhibited without any objection. • Even if it is an irregularity, the defendant has waived it. • The agreement, even if executed on plain paper, can be admitted in evidence by paying stamp duty and penalty. • The court can only deem the document to be not properly stamped but cannot hold it to be invalid https://supremecourtonline.in/agreement-to-sell-executed-on-stamp-paper-purchased-in-the-name-of-the-plaintiffs-wife-is-of-no-consequence-can-only-deem-the-document-to-be-not-properly-stamped-but-cannot-hold-it-to-be/ *Subscribe PLRonline:* https://chat.whatsapp.com/Evazb2BiINzBBY8kd8zrRY