In this post we will talk about the procedure for auction of property by bank if the borrower fails to pay his debt. The SARFAESI Act applies to loans above Rs. 1 lakh that are classified as NPAs. It excludes loans where more than 80% has been repaid and certain types of assets like agricultural … Read more
In this post we will discuss about the the deposit amount under section 21 of Recovery of Debts due to Banks and Financial Institutions Act, 1993 fo filing an appeal in Debt Recovery Appellate Tribunal. Supreme Court already has held that Borrower Has To Pre-Deposit 50% Of The “Debt Due” In Appeal Under Section 18 … Read more
In this post we will discuss about Agreement to Sell under The RERA Act, 2016 and various compliances related to this agreement. Agreement for Sale – RERA Punjab website provides the sample format for this where you can find clauses like Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by … Read more
In this post we will discuss about the recent judgment of the Panjab and Haryana High Court on the determination of the age of a juvenile. The Juvenile Justice Act of 2015, Section 94(2), states that the date of birth certificate should be the first priority for determining the age of a juvenile in India. … Read more
In this post we will discuss about the powers of magistrate in Cognizable offences to order for an investigation . In Skipper Beverages Pvt. Ltd. v. State, 2001 SCC OnLine Del 448 and Ramdev Food Products (P) Ltd. v. State of Gujarat, (2015) 6 SCC 439 , Supreme Court held that under Section 156(3) of … Read more
Builder not liable for compensation if delay is by Government Department. In this post we will discuss about the case of Ultratech developers wherein the buyer was granted interest for the period of delay but no compensation was awarded because the respondent was not responsible for delay. Rajat Chawla v. M/s Ultratech Township Developers Pvt. … Read more
In this post we will discuss about the procedure to add new parties in cases related to will under Order I Rule 10 of the Civil Procedure Code, 1908. The burden is on the beneficiary of the will to serve notice on the person who should be apprised by the probate proceedings. So probate or … Read more
In this post we will discuss about the procedure and requirements for getting Mutual Divorce Mutual Consent Divorce Steps Chandigarh Panchkula Mohali Mutual Divorce Two people may choose to tie themselves in a bond of marriage, just like can they choose to liberate themselves from it. Divorce refers to the dissolution of a marriage, through … Read more
In this post we will discuss about acquittal of a person in reckless driving case because the prosecution was not able to prove the doubt beyond reasonable doubt. State vs. Dharambir on 5 March 2020 A case was instituted against the accused Dharambir Singh in the court on 06.02.1992 for the commission of offences under … Read more
In this post we will discuss about the grounds for transfer of matrimonial disputes to the court of competent jurisdiction at Punjab Haryana High Court at Chandigarh. Shashi Bala vs Sanjeev Kumar 21 April, 2015 T.A. No. 612 of 2012 THE HIGH COURT OF PUNJAB AND HARYANATransfer Application No. 612 of 2012 (O&M)Date of decision: … Read more
In this post we will discuss about a petition that was filed by the Allahabad Bank by way of seeking a Writ of Mandamus, guiding loan defaulters to implement the order passed by the District Magistrate of Kurukshetra demanding repayment of loan by taking over the possession of the properties mortgaged physically. Allahabad Bank v. … Read more
In this post we will discuss about the grounds on which disability pension in army can be granted. Army Disability Pension for Disabilities during Tests. Lt. Col. MahendraKumari (Retd.) v. Union of India and Others. Allowing Original Application- Armed Forces Tribunal In the present case, the Applicant filed for an instant Original Application seeking to … Read more
In this post we will discuss about Anticipatory bail and its validity as per criminal procedure code through latest precedent of Supreme Court. Judgement Digest: Sushila Aggarwal and others vs State (NCT of Delhi) and another The recent decision of the Supreme Court which forms the present discussion offers an in-depth analysis of the provision … Read more
In this post we will discuss about whether we should file a case for specific performance or mandatory injunction if the other party fails to complete a transaction of an immovable property. INTRODUCTION :Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. … Read more
Bureaucratic delays not an excuse for filing appeals beyond the period of limitation. In this post we will discuss about the law of limitation and whether government bodies can file a case beyond this period of limitation on the grounds of bureaucratic delay. Real Estate (Regulation and Development) Act (RERA) is an act passed by … Read more
In this post we will discuss about the recent judgment of The Supreme court in which it stated that a person being unable to prove that he had actual possession of the suit premises cannot seek a decree of permanent injunction. CANNOT GRANT PERMANENT INJUCTION WITHOUT PROOF OF POSSESION: SUPREME COURT Judgment Digest: Balkrishna Dattatraya … Read more
Bonafide intentions necessary for getting a decree for Specific Relief. In this post we will discuss about various ingredients required to get a decree for Specific performance and its relations with law of limitation. Specific Relief Act Judgement Digest. The Specific Relief Act is a legal statute dealing with reliefs or recovery of the damages … Read more
In this post we will discuss the obligation of state to protect unmarried couples. State Bound to protect Unmarried Couples: PHHC Judgment Digest: Amandeep Kaur And Another vs State Of Punjab And Others This report looks into a recent writ judgment of the Punjab and Haryana High Court, which looks into the matter of right … Read more
In this post we will discuss about employee-employer relationship under The Industrial Disputes act in the case of P.N. Chaturvedi Vs. The Ambassador’s Skychef wherein some employees filled a case for wrongful termination Industrial dispute Act is a beneficial legislation to solve the dispute among the workmen and employers while also protecting their rights and … Read more
This post talks about Jurisdiction of AFT CAT , NCLT DRT, High Court Chandigarh & District Court across tricity with relevant statute and weblink of the same. JURISDICTION OF VARIOUS COURTS/ TRIBUNALS/ JUDICIAL BODIES Supreme Court The Supreme Court has an original and exclusive jurisdiction to decide on disputes between the states or the centre … Read more
This post is a consumer complaint against allen institute for deficiency of services wherein the fee refund order of court below was upheld in the favour of student. Let’s have the case now. Allen Career Institute v. Anil Kumar Sharma NAME OF THE COURT- State Consumer Disputes Redressal Commission DATE OF DECISION- 8th April, 2019 … Read more
This report looks into a judgment of Punjab and Haryana High Court in the matter of a statutory provision contained in the Real Estate (Regulation and Development) Act 2016. The appellant wished that the deposit as stipulated by the provision should be waived off in light of the unique circumstances of his case. However, appeals … Read more
In this post we will discuss about appointment of pgt teachers and the requirements to be as considered as a PGT teacher. Judgment Digest: Sanjay Dabas v. State of Haryana and Others This report looks into a judgment of The Punjab and Haryana High Court on the order of a District Judge who, acting in … Read more
In this post we will discuss about the quasi-retroactive application of the RERA ACT, 2016 and whether it is applicable when the transactions are still in the process even though the sale agreements had been executed before the Act came into force. Judgment Digest: Anjana Goyal and Another vs Sushma Buildtech Ltd. This recent judgment … Read more
In this post we will discuss about a case wherein it was decided that onus of proof shall be discharged by the propounder adducing prima facie evidence proving the competence of the testator and execution of the will in the manner contemplated by the law. Probate, Letter of Administration and Succession Certificate are legal documents … Read more
In This post we discuss about the grounds for refusal of Anticipatory bail to an Ex-DGP who is alleged to have been involved in custodial death of Balwant Singh Multani. This post will enable readers on what premise generally High Courts are inclined to grant concession of anticipatory bail to petitioners. Judgment Digest: Sumedh Singh … Read more
In this post we discuss about quashing of FIR when both the parties compromise in matrimonial disputes under the inherent powers of the court mentioned in Section 482 Criminal Procedure Code, 1973 between couple involving Husband & wife. INTRODUCTION:-Compromise quashing is filed in case of Non-Bailable Offence and non-compoundable Offences (S. 320 Cr.P.C.) or Offences under the … Read more
A petition was filed under rule 7 of the Insolvency and Bankruptcy Code for initiating corporate Insolvency resolution process. Petitioner was involved in manufacturing of pulp, paper, duplex board etc.The corporate applicant was declared Non- Performing Asset (NPA) after the sanctioning of loan on 31.3.2011. State Bank of India had issued a notice on 28.5.2011 … Read more
Whether or not the agreement to sell should be registered or not answers this post. Though the RERA Act mentions the registration of agreement to sell but still there is void in Registration & Stamp Act which doesn’t spell out agreement to sell should be registered or not? So unless the central act is amended … Read more
In this post we will discuss about dismissal of writ petitions in consumer cases when an alternative remedy is provided by the law before Punjab Haryana High Court Chandigarh Article 32 and Article 226 of the Constitution provide two separate but parallel provisions of writ jurisdiction with the Supreme Court and High Courts respectively. The … Read more
Delhi High Court decides that Bank lockers cannot be considered as a security in succession cases. Summary- In this post we will discuss about the Delhi High Court judgment wherein the court decided that a bank Locker does fall under the ambit of securities as per the provisions of The Indian Succession Act, 1925. Also … Read more
This is a post of Sandwoods Infratech Projects RERA Punjab Complaint wherein the refund was allowed by the Adjudicating officer with interest as per rate stipulated in RERA Punjab Rules. Judgment Digest: Kanisth Ganeriwala and Another vs Sandwoods Infratech Projects Pvt. Ltd. & Parika Ganeriwala and Another vs Sandwoods Infratech Projects Pvt. Ltd. In this … Read more
CBI court cannot accept the crime against accused Jaswinder Kaur because the Chandigarh Police Search, which is the competent authority in the matter, has rejected the prosecution penalty. Refusal by UT DIG to sanction the prosecution of suspended SHO Jaswinder Kaur in a 2017 corruption trial, a special CBI court on Wednesday disposed of the … Read more
In this post we will have the difference between the two: Succession Certificate & Legal Heir Certificate for Chandigarh Panchkula Mohali Zirakpur Kharar Derabassi Baltana etc. but let us have the definition of Succession Certificate & Legal Heir Certificate first. Succession Certificate- It is defined as a document that is issued by a civil court … Read more
This is a case digest on the NCLT Chandigarh Bench of Bank of India versus Little Bee International Private Limited in CA No.1215 of 2019 Under Section 33 (1) & (2) of the Insolvency and Bankruptcy Code, 2016. As per COC report, the liquidator will dissolve the company Regulation 32A of the Insolvency and Bankruptcy … Read more
Failure to Handover Possession and Deficiency in Service Case against Suncity Buildcom, Haryana RERA. Summary/ intro: The grievance of the complainant is that the respondent charged a huge amount of illegal money, and did not replied to the rectification sought by him. The respondent then transferred the entire project to Suncity Pvt. Ltd. without informing … Read more
Now Once The Person Is Declared PO By Court, Complainant May Get The Certified PO Order And Give Details Of Accused In PO Cell Of City. Complainant Whenever Knows About The Location Or Movement Of PO Can Seek Support Of Local Police To Get The PO Arrested In Chandigarh, Panchkula, MOHALI, KHARAR, DERABASSI, ZIRAKPUR AND … Read more
Punjab and Haryana High Court upholding the decision of Punjab Educationl Tribunal. The petitioner argued that the dismissal of the petitioner was illegal because it was based merely on the assumption that the petitioner was a whistle-blower as his name had incidentally appeared in an article highlighting the plight of the Lecturers.The court, however, rejected … Read more
This post is a case digest on writ petition against the orders of DRT in Punjab and Haryana High Court wherein petitioners have challenged the order dated 22.06.2018 passed by the Debt Recovery Tribunal-III, Chandigarh by which the Securitization Application filed by the petitioners was dismissed as not maintainable on the ground that the petitioners … Read more
UNITED BANK OF INDIA/ Financial Creditor filed this application to adjudicating authority under Section 7 of Insolvency & Bankruptcy Code read with Rule 4 of Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016, for Initiating Corporate Insolvency Resolution Process (CIRP) as against M/s. Jotisriram Himaghar Private Limited/ Corporate Debtor. FACTS OF THE CASE: … Read more
India is witnessing a dynamic change in the terms of giving in a society. We have never witnessed it before. It is so new for us. But it is not always a pleasant experience especially when you are schooled by the seniors and elders in this society. What more? Corona has further given them wide powers … Read more
Here in this post, we cover frequently asked questions about the resident welfare association and housing societies coming up in Zirakpur Mohali Kharar Derabassi. Let’s see what are they. Also DC can issue orders under Section 144 of (CrPC) of the vested powers directing all RWA’s to get registered as per the Society Registration Act, … Read more
The misuse of Section 498A as a weapon rather than a shield by the well educated wives/ daughter-in-laws/ sister-in-laws in this modern, striving for equality society is becoming a common issue these days. The present case deals with one of them. Here in this case the discharge application was dismissed by trial court and later … Read more
In an election for the post of manager, defamatory statement were published against the opponents. In the present case the petitioner seeks damage to the tune of Rs 30 Lakhs for a statement which was published 8 years ago. A high court bench ruled in the favor of defendants, thus rejecting the plaint under Order … Read more
A claim for disability arises only if a person is invalided out of service because of his disability which is accepted as attributable or aggravated by his military service. any disability sustained during military service will be attributed to service conditions unless the disability was such that the disease could not have been detected on … Read more
This post is a case digest on Appeal under Guardians and Wards Act 1890 for Custody of Child wherein the custody of two minor children were refused since they wanted to go back to their maternal grandfather and grandmother than their father as paramount in these cases is welfare of the child and nothing else. The appellant … Read more
On 13th December 2018, in a suit before the Haryana Real Estate Regulatory Authority (HRERA), Panchkula, seeking compensation for delayed possession of the property, The Adjudicating Officer, Anil Kumar Panwar,ruled in favour of the Complainant, thus,awarding him interest on the sales consideration at the rate prescribed in Rule 15 of The Haryana Real Estate (Regulation … Read more
In an appeal filed before DRAT, appellants were required to first deposit a pre-deposit amount of 50% of the amount in question. Appellants challenged the same requirement before the High Court were appellants pleaded that the amount in question is a very huge amount and almost 70% of which is already be recovered by an … Read more
In this case, we will cover and give an overview of the case Corporate Bank Vs Firestar International Limited and it will give you a brief yet precise outline regarding all the major facts and issues involved in this particular case which basically revolves around claiming and repayment of dues. The judgement is based on … Read more
Under Section 6 of the Hindu Minority and Guardianship Act, 1956, the natural guardianship of a legitimate child vests in the father. A mother can be natural guardian of her illegitimate children, but when it comes to her children begotten from a marriage, she can be their natural guardian only after the father. Also Read- … Read more
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