25 law tips Vinothpandian: 2016 (1) CCC 475 ; Dr Bibhas debnath vs state of west bengal : pleadings in a proceedings under sec 125 CRPC are like

[10/3, 05:30] Vinothpandian: 2016 (1) CCC 475 ; Dr Bibhas debnath vs state of west bengal : pleadings in a proceedings under sec 125 CRPC are like pleadings in a civil case and pleadings could be amended in appropriate circumstances
[10/3, 05:30] Vinothpandian: 2014 (4) CCC 99 : Rajal @ suman vs state of Rajasthan : female child despite gaining majority is entitled to receive maintainence from her father till date of her marriage ( sec 125 CRPC 1973 )
[10/3, 05:30] Vinothpandian: 2015 (2) CCC 414 : Parasagani venkaiah & another vs Pandi prasad : Records prepared by investigating officer in criminal case cannot be looked into by the accused , except for purposes to mark as contradictions or omissions during trial ( sec 162 CRPC 1973 )
[10/3, 05:36] Vinothpandian: 2013 (4) CCC 461 : Ragni chopra vs Rajesh : To read a particular passage in a document is not a correct method of its interpretation , document is to be read as a whole to gather its true import
[10/4, 09:45] Vinothpandian: 2014 (2) DRTC 1 SC : Harshad govardhan sondagar vs IARC ltd : A lease of secured asset made by borrower after he receives notice under sec 13 (2) of SARFASI act from secured creditor intending to enforce that secured asset will not be valid lease
[10/4, 09:45] Vinothpandian: 2013 (2) DRTC 35 : Devis ispat ltd vs state bank of india : issues relating to validity of decision of declaring an account as non – performing asset essentially relates to disputed question of facts and accounting , in this regard writ jurisdiction is neither permissible nor advisable in law ( sec 13 ( 3- A ) SARFASI act )
[10/4, 09:53] Vinothpandian: 2013 (2) DRTC 114 : Nippo foods vs state of punjab : With regard suit for recovery of bank dues , non – communication of reasons within seven days for statutory notice issued , borrower not suffered any prejudice for not communicating reasons within seven days , no penal consequences contemplated , in absence of any prejudice and fact that such provision being only directory , bank can continue with proceeding under the act ( sec 13( 3- A SARFASI act )
[10/4, 11:09] Vinothpandian: 2017 (1) DRTC 234 : Anjana vs AP vardhaman ( mahila ) cooperative bank ltd : supreme court on many occasions cautioned ” forum shopping ” ought not too be encouraged
[10/6, 05:22] Vinothpandian: 2019 (3) MLJ 236 : ICOMM Tele ltd vs punjab state water supply & sewerage board : Terms of invitation to tender being in realm of contract not open to judicial scrutiny unless they are arbitrary , discriminatory or actuated by malice
[10/6, 05:22] Vinothpandian: 2019 (8) MLJ 677 : Hindustan construction co ltd vs union of india : while exercising jurisdiction under art 32 , court cannot embark on detailed investigation of disputed facts
[10/6, 05:22] Vinothpandian: 2019 (1) CWC 153 : Renault nissan automotive india pvt ltd sriperumbudur taluk vs deputy commissioner – 11 ( FAC ) large tax payers unit : In fiscal matters , when efficacious alternate remedy is provided under statute , writ petition not maintainable , only exception is in cases where adjudicating authority lacks jurisdiction or principles of natural justice are violated or there is an error apparent on face of order ( art 226 constitution of india )
[10/7, 04:31] Vinothpandian: 2019 (2) MWN ( Cri ) 546 : Illavarasan PK vs union of india : Person acting bonafide and having sufficient interest in proceedings has locus standi to file PIL even in criminal matters , in special circumstances where victims are unable to approach court to vindicate their grievances , PIL by third party can be entertained on their behalf
[10/7, 04:31] Vinothpandian: 2019 (2) CTC 481 : Abul kalam azad AL vs AL jawaharlal rep by its power agent A sowkath ALi : Award of lok adalat can be challenged only by filing writ petition under art 226 or 227 of constitution on very limited grounds
[10/7, 04:31] Vinothpandian: AIR 2019 SC 1692 : kaikhosrou ( chick ) kavasji framji vs union of india : Petition to question legality and correctness of notice issued under any act not barred under writ jurisdiction
[10/7, 09:38] Vinothpandian: AIR 1953 SC 468 : Hate singh bhagat singh vs state of madhya pradesh : Any circumstance in respect of which an accused was not examined under sec 313 CRPC code cannot be used against him
[10/7, 09:38] Vinothpandian: 1999 (9) SCC 562 : koli chunilal savji vs state of gujarat : In absence of doctor while recording a dying declaration., the same loses its value and cannot be accepted
[10/8, 11:42] Vinothpandian: 2000 (8) SCC 740 : Basavaraj R patil vs state of karnataka : Provisions of sec 313 CRPC are not meant to nail the accused to his disadvantage but are meant for his benefit
[10/8, 11:42] Vinothpandian: 2011 (14) SCC 615 : Punjab state warehousing corp vs sh durga ji traders : An order of exemption from personal appearance continues to be in force till it is revoked or recalled
[10/8, 11:42] Vinothpandian: 2012 (4) crimes 309 : Shahejadkhan mahebubkhan pathan vs state of gujarat : Where a substantial term of imprisonment is inflicted , an excessive fine should not be imposed except in exceptional cases
[10/9, 10:57] Vinothpandian: 2014 (1) DRTC 93 : venu vs state bank of india : Publishing photographs of loanee by bank is violative of rights guaranteed to loanees under art 21 of the constitution
[10/9, 10:57] Vinothpandian: 2017 (2) DRTC 100 : Assistant commissioner ( CT ) Anna salai 111 Assessment circle vs indian overseas bank ; financial institutions being secured creditors would have priority of charge over mortgaged property in regard to tax another dues ( sec 31 – B SARFASI act )
[10/9, 10:57] Vinothpandian: 2014(2) DRTC 810 : Dena bank vs AAIFR & others : An interim order to stay section 13(4) SARFASI proceedings is only an aid or an arrangement which entitles parties to main proceedings to work out modalities till final adjudication , till measures themselves are set aside under sec 13(4) it cannot be said to be invalid or illegal
[10/9, 10:57] Vinothpandian: 2012 (2) DRTC 335 SC : Ram kishun & others vs state of UP : In a recovery proceedings there must be application of mind by authority concerned while approving / accepting report of approved valuer and fixing reserve price , failure to do so would amount to material irregularity and ultimately vitiate subsequent proceedings
[10/11, 09:58] Vinothpandian: 2015 (2) DRTC 673 : K padma vs K Ramachandran & others : Property attached in favour of bank earlier to alleged agreement for sale , provisions of sec 64 of CPC not applicable
[10/11, 09:58] Vinothpandian: 2014 (2) DRTC 609 SC : Metro exporters p ltd & another vs state bank of india : An international funds transfer may be subject to more than one law , an international funds transfer may be either onshore where either payers bank or payees bank is located in country of currency transfer , and offshore where neither bank is located in country of currency of transfer