The LAW JOURNAL (latest judgements, Legal updates Live from the Supreme Court Bar and the Bench)

[SC] Service Law – Constitution of India, Art.136 – Post of BSF Sub-Inspector (GD) – Regular promotion criteria cannot be applied with regard to medical fitness in selection through LDCE [PLRonline 468685] https://supremecourtonline.in/sc-service-law-constitution-of-india-art-136-post-of-bsf-sub-inspector-gd-regular-promotion-criteria-cannot-be-applied-with-regard-to-medical-fitness-in-selection-th/

Acquittal - Complainant / Father was the sole eyewitness - He had neither seen anyone killing his son nor he had deposed that he had seen anyone burning the victim - Therefore, he is not actually an eyewitness either to the killing or to the burning of the deceased, though he may be an eyewitness to the incident which took place prior wherein a car had chased their motorcycle, pushed them towards the roadside making them fall in the bushes, thereupon assaulting the deceased and then taking................https://sites.google.com/plronline.in/plronline/plronline-in/23/12/sc-ipc-s-302-302-acquittal-father-was-sole-eyewitness

[SC] plronline.in | Order 9 Rule 13, Section 96(2) - Ex-parte Decree: A defendant has three options for contesting an ex-parte decree: https://sites.google.com/plronline.in/plronline/cpc/o-9/cpc-order-9-rule-13-ex-parte-decree-a-defendant-has-three

https://supremecourtonline.in/crpc-s-82-83-and-174-action-against-witnesses-who-do-not-appear-inspite-of-notices-directions-issued-by-ph-high-court-in-2022-plronline-0597-to-all-ds-judges-dgp-set-aside-2023-4-plr/
CrPC S. 82, 83, and 174 – Action Against Witnesses who do not appear inspite of notices – Directions issued by P&H High Court in 2022 PLRonline 0597 to all D&S Judges/ DGP, set aside. [ (2023-4) PLR 291 (SC)]

Insurance – Pre-medical check-up – Mediclaim policy – Pre existing disease – Non-disclosure – Insurer did not get the medical check up done. Insurer liable . Punjab Law Reporter read here : https://sites.google.com/plronline.in/plronline/i/insurance/mediclaim-policy-non-disclosure

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

https://sites.google.com/plronline.in/plronline/c/contempt-of-court/contempt-of-court-court-proceedings-videography

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

https://sites.google.com/plronline.in/plronline/plronline-in/23-nov/sarfaesi-s-14-s-340-crpc-proceedings-against-authorised-officer

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 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 | 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

*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
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*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/
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*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/
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*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
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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/

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/
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*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/

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