Security Interest (Enforcement) Rules, 2002- Rule 9(4) – T he period to deposit the balance sale consideration, as provided under the Rules, is not sacrosanct and is extendable with the consent in writing of the parties and that Rule 9(4) will only come into play when there is default on part of the party i.e. …
IDBI bank vs Ramswaroop Daliya 2024 INSC 780 – Security Interest (Enforcement) Rules Read More »
Specific Relief Act, 1963 -Section 16(c) – A plaintiff seeking specific performance of a contract must aver and prove that they have performed or have always been ready and willing to perform the essential terms of the contract which are to be performed by them. This requirement is a condition precedent and must be established …
Janardan Das vs Durga Prasad Agarwalla 2024 INSC 778 – Specific Performance – Agency Read More »
Indian Penal Code 1860 – Section 302 – Death Sentence –Doctrine of “rarest of rare” requires that death sentence should not be imposed only by taking into consideration the grave nature of crime but only if there is no possibility of reformation by a criminal. (Para 32) Criminal Trial – Non-examination of independent witnesses by …
Motor Accident Compensation Claims –The amount of compensation claimed is not a bar for the Tribunal to award more than what is claimed, provided it is found to be just and reasonable. It is the duty of the Court to assess fair compensation. Rough calculation made by the claimant is not a bar or the …
Chandramani Nanda vs Sarat Chandra Swain 2024 INSC 777 – Motor Accident Claims Read More »
Code of Criminal Procedure, 1973 – Section 235 –A judgment of conviction shall have two components; namely, (i) Judgment on the point of conviction; and (ii) Where the accused is convicted, a separate order of sentence to be passed according to law, after hearing the accused on the question of sentence- Once the judgment of …
NCLT Rules – Rule 50 –The provisions of Rule 50 of the NCLT Rules place both the free certified copy as well as the certified copy which is applied for on payment of fees on the same footing – Both the certified copy which is provided free of cost as well as the certified copy …
National Medical Commission (NMC) guidelines regarding admission of students with “specified disabilities” under the Rights of Persons with Disabilities Act, 2016– (i)Quantified disability per se will not disentitle a candidate with benchmark disability from being considered for admission to educational institutions. The candidate will be eligible, if the Disability Assessment Board opines that notwithstanding the …
Code of Civil Procedure 1908 – Order XXI Rule 99– “Any person” not a party to the suit or in other words a stranger to the suit can seek redelivery, after he has been dispossessed. The term “Stranger” would cover within its ambit, a pendent lite transferee, who has not been impleaded- The difference between …
Code of Criminal Procedure 1973- Section 482 –A petition to quash the FIR does not become infructuous on submission of a police report under Section 173 (2) of the CrPC- But when a police report has been submitted, particularly when there is no stay on the investigation, the Court must apply its mind to the …
Indian Penal Code 1860 – Section 34 –For a person to be convicted under section 34, there must be an involvement of two or more persons with common intention to commit the crime. Mere presence of the accused at the scene of occurrence is not sufficient. (Para 17) Punishment -The object of punishment is not …
Sandeep vs State Of Uttarakhand 2024 INSC 771 – S 34 IPC – Object Of Punishment Read More »