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PUNJAB LAW REPORTER : *Consumer Protection Act, 1986 (68 of 1986) Section 2 (7) - Consumer - Builder dispute* - A private limited company involved in real estate development purchased a flat for the residence of one of its Directors and his family. Despite the company being a real estate business, this does not imply that the flat was bought for commercial purposes or resale for profit. (2024-2)214 PLR 786 www.plronline.in Join us: https://chat.whatsapp.com/Evazb2BiINzBBY8kd8zrRY

CYBER LIABILITY INSURANCE CLAIMS POST-CROWDSTRIKE OUTAGE | https://bit.ly/46f1NYC

*CrPC S. 397(3), 399(2), 482*
- A second criminal revision petition filed by the same person is barred in view of statutory mandate contained in Section 397(3) and 399(2)
- Nonetheless, the High Court in its plenary inherent jurisdiction under Section 482 may entertain such a petition, if the facts/circumstances of the case in hand so warrant.
*214 Punjab Law Reporter 267*

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PLRONLINE | CPC S. 51 - Execution - Imprisonment - Simple default to discharge is not enough - There must be some element of bad faith beyond mere indifference to pay, some deliberate or recusant disposition in the past or, alternatively, current means to pay the decree or a substantial part of it. [#216902] https://supremecourtonline.in/cpc-s-51-execution-imprisonment-simple-default-to-discharge-is-not-enough-there-must-be-some-element-of-bad-faith-beyond-mere-indifference-to-pay-some-deliberate-or-recusant-disposition-in/

Motor Vehicles Act S. 173(1) – LMV license allows driving vehicles, including bulldozers, under 7,500 kg – Insurer failed to prove the bulldozer's weight exceeded 7,500 kg – Construction equipment vehicles are non-transport vehicles – Insurers cannot deny liability on technical grounds.[#PLRONLINE ID 425761] read: https://supremecourtonline.in/ Join :https://chat.whatsapp.com/HGbJspKrtbj4RIKWMlPjcr

Specific Relief Act, 1963 (47 of 1963), Section 31
(2024)214 PUNJAB LAW REPORTER 001
• The plaintiff seeks a declaration that the sale executed by a sale deed registered on 28.05.1969 is null and void ab initio and hence not binding on the plaintiff and other co-sharers.
• PLAINTIFF'S STATUS: The plaintiff is one of the executants of the sale deed.
• REQUIRED LEGAL ACTION: The plaintiff must file a suit to have the sale deed judged void or voidable, effectively seeking its cancellation.
• APPLICABLE SECTION: The suit is governed by Section 31 of the Specific Relief Act, 1963, rather than Section 34.
• LEGAL REQUIREMENT: The plaintiff must file a suit for cancellation of the instrument in accordance with Section 31 of the Specific Relief Act, 1963.
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RENT ACT - TENANT AT SUFFERANCE
(2024)214 PUNJAB LAW REPORTER 012
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The legal concept of a tenant at sufferance arises when:
1. A tenant continues to occupy a property after their lease has expired.
2. The tenant's status is considered slightly above that of a trespasser because their initial entry was lawful.
----
1. Distinction:
o A tenant at sufferance is not the same as a tenant holding over.
o Their status is above a mere trespasser but below a lawful tenant.
2. Legal status:
o The tenant cannot be forcibly removed from the property.
o However, their continued possession becomes unlawful upon lease expiry.
3. Mesne Profits:
o The tenant becomes liable to pay mesne profits for the period of unlawful occupation.
The original lawful entry does not legitimize the continued occupation after lease expiry.The tenant's possession turns unlawful automatically when the lease ends.

*INSURANCE - Uberrimae fidei*
*(2024)214 PUNJAB LAW REPORTER 015*
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Principle of UBERRIMAE FIDEI, also known as the "utmost good faith". This principle is a fundamental aspect of insurance contracts and has been interpreted to be of a *CONTINUOUS NATURE*. This means that any significant changes to the terms and conditions of the contract cannot be made without the mutual consent of all parties involved.
The materiality, or importance, of a fact is determined by the circumstances that exist at the time when the contract is concluded. This means that all relevant information must be disclosed honestly and completely at the time of entering into the contract.
In this case, the insured party is in breach of material and fundamental conditions of the policy. Specifically, the insured party used a private car as a taxi, which was a violation of the terms of the Private Car Package Policy. This action is considered a breach of the principle of Uberrimae fidei.The insured party apparently violated the principle of Uberrimae fidei by misleading the insurance company. The insured party drove the insurance company to enter into a contract, even though they intended to use the vehicle in a way that was in breach of the contract's terms and conditions.

[PLRonline] Filing of petition as an indigent person - Right to Justice . read notes: https://supremecourtonline.in/tag/indigent/

PLRonline | IPC S. 34, 149 – Distinction and similarity between Section 34 and 149 of IPC and also the circumstances when both Sections are simultaneously applicable. | [#212601] | https://sites.google.com/plronline.in/plronline/2003/ipc-s-302-149-and-34-double-murder-common-intention

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*CONTEMPT* | Court deems it fit and appropriate to issue a show cause notice upon the *Presiding Officer, DRT-2, Chandigarh*, for the latter making an explanation to this Court as to why proceedings for contempt be not initiated against him for his making the above miscommunication, which but is prima facie completely ridden with lies. *[PLRonline.in]* ....... https://supremecourtonline.in/court-deems-it-fit-and-appropriate-to-issue-a-show-cause-notice-upon-the-presiding-officer-drt-2-chandigarh-for-the-latter-making-an-explanation-to-this-court-as-to-why-proceeding/ *Punjab Law Reporter* |
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Hindu Succession Act S. 6, 8 – Coparcenary property – Once the property had been acquired by way of succession, it would lose its ancestral character . (2023-4)212 PLR 596]
https://supremecourtonline.in/hindu-succession-act-s-6-8-coparcenary-property-once-the-property-had-been-acquired-by-way-of-succession-it-would-lose-its-ancestral-character-2023-4212-plr-596/

PLRONLINE | *CPC S. 153A - enables the court which has passed the decree to exercise the power of correcting clerical and typographical mistake even though the appeal preferred has been dismissed in limine - Such provisions does not oust the jurisdiction of the appellate court to correct typographical or clerical mistakes*https://supremecourtonline.in/court-dismissed-appeal-in-limine-with-words-no-merit-dismissed-dismissal-of-appeal-in-limine-would-amount-to-merger-plronline-id-1214701/

Insurance |  Date of commencement of policy | What would be the date from which the policy becomes effective; date on which the policy is issued | or the date of the commencement mentioned | or date of the issuance of the deposit receipt | or cover note [ (2024-1) PLR ]
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