Pornima Legal Services

30/10/2024

From - Adv. Vikas Band

29/10/2024

12/10/2024

May god bless all with lots of joy and happiness on this auspicious occasion.

11/10/2024

indirectly; (g) Additional relief sought that compromise decree is null and void - Such relief could not be claimed in the present suit as all the parties thereto are not before Court in the suit in question.(S.C.)

Dishonour of cheque - Mere filing of civil suit for recovery is not a bar for initiation of proceedings u/s 138 of NI Act. (A.P.)

Dishonour of cheque - Offence by Company - Director - Moratorium u/s 14 of IBC prohibiting proceedings u/s 138/141 N.I. Act will be applicable only against corporate debtor and not against natural persons like directors of the company for their vicarious liability.(Allahabad)

Expert opinion - Mere delay or laches on the part of plaintiffs in filing application cannot be a sole ground to reject the request. (A.P.)

Relief not asked for - Cannot be granted and that too without having proper pleadings. (Allahabad)

07/10/2024

Even an inquiry into existence of employer-employee relationship by appreciating the evidence is impermissible once a dispute is created about existence of such relationship. Thus, existence of employer employee relationship is a sine qua non for exercise of jurisdiction to entertain a complaint of unfair labour practice under MRTU and PULP Act.

Name of the parties: Asia Foundation and construction Limited Nagpur v/s Engineering Kamgar Sanghatana, Nagpur and others

Citation: 2016 (2) MhLJ 406

06/10/2024

An order issued through the framing charge does not fall within the ambit of final or introductory order and hence would not bar the invocation of section 397. Jurisdiction of High court is not barred regardless of the petition having lable of being under section 482(528 of BNSS) or Section 397 of CrPc or Article 227 of the Indian Constitution.

Name of the case: Asian Resurfacing of road agency Private Ltd and another V/s CBI

Citation: (2018) 16 SCC 299