High Court Under Article 226 Can Extend Time for Payment Under One Time Settlement by Bank Where Borrower Proves Bona Fides: Punjab and Haryana High Court Lays Down Guidelines
The Punjab and Haryana High Court held that the High Court, in exercise of its jurisdiction under Article 226 of the Constitution, can extend the time for payment under a One Time Settlement by a bank, and laid down detailed guidelines for courts to consider when deciding such extension requests.
Assignment Deed for Transfer of Loan by Asset Reconstruction Company Falls Under Article 62(c) and Not Article 23 of the Indian Stamp Act; Recovery of Deficient Stamp Duty Barred by Limitation Under Section 47-A: Punjab and Haryana High Court
The Punjab and Haryana High Court held that assignment deeds executed by an ARC for transfer of loan recovery rights fall under Article 62(c) (mortgage instruments) of the Indian Stamp Act, not Article 23 (conveyance), and that proceedings for recovery of deficient stamp duty initiated beyond the three-year limitation under Section 47-A are time-barred.
Examination of Witness via Video Conferencing Directed in Section 13 Hindu Marriage Act Proceedings Adhering to Model Video Conferencing Rules: Punjab and Haryana High Court
Punjab and Haryana High Court allowed a revision petition and directed the Family Court to permit witness examination via video conferencing in accordance with the 2018 Model Video Conferencing Rules, emphasizing the need for modern technology in judicial proceedings.
Service of Summons by Electronic Mail Permitted Under Order 5 Rule 25 CPC on Respondent Residing in United States Where Ordinary and Dasti Process Failed
Punjab and Haryana High Court permitted service of summons via electronic mail on respondent residing in USA, finding that ordinary and dasti process had failed and email service was authorized under Order 5 Rule 25 CPC and High Court Rules.
Accused Acquitted Under Sections 376/342 IPC and Section 4 POCSO Where Prosecution Evidence Found Contradictory and Unreliable
Special Court Chandigarh acquitted accused under Sections 376/342 IPC and Section 4 POCSO Act where prosecution evidence was contradictory, victim and mother gave conflicting accounts, and age proof documents showed inconsistencies.
Section 446 Companies Act Cannot Override Section 138 Negotiable Instruments Act; NI Act Has Overriding Effect by Virtue of Section 143(1): Punjab and Haryana High Court
Punjab and Haryana High Court held that the NI Act confers overriding jurisdiction on criminal courts for cheque dishonour complaints under Section 138, even when a company is in winding up. The Companies Act cannot override the special law.
High Court Declines to Entertain Writ Petition Challenging NCLT Order; Statutory Remedy Under Section 61 IBC Must Be Availed
Division Bench of Punjab and Haryana High Court declined to entertain writ petition challenging NCLT order admitting Section 7 IBC application, directing petitioners to avail statutory remedy of appeal under Section 61 IBC before NCLAT.