“The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.”
― Oliver Wendell Holmes
Person who is not a signatory to the cheque cannot be prosecuted under Section 138 of the NI Act, even if there is joint liability to pay the debt.
Person who is not a signatory to the cheque cannot be prosecuted under Section 138 of the NI Act, even if there is joint liability to pay the debt.
Subsequent FIR lodged only to harass the accused can be quashed in exercise of power under Article 226 of Constitution or 482 of Cr.P.C but there is no absolute bar to lodge the FIR with the same allegations and averments
Subsequent FIR lodged only to harass the accused can be quashed in exercise of power under Article 226 of Constitution or 482 of Cr.P.C but there is no absolute bar to lodge the FIR with the same allegations and averments
It is the mandatory condition under Section 31 of the Foreign Exchange Regulation Act, 1973 to obtain a previous general or special permission of the RBI for transfer or disposal of immovable property situated in India
It is the mandatory condition under Section 31 of the Foreign Exchange Regulation Act, 1973 to obtain a previous general or special permission of the RBI for transfer or disposal of immovable property situated in India
High Court does not have the power to waive the pre-deposit in its entirety which is against the mandatory requirement of the statutory provision as contained in Section 21 of RDBA Act, 1993.
High Court does not have the power to waive the pre-deposit in its entirety which is against the mandatory requirement of the statutory provision as contained in Section 21 of RDBA Act, 1993.
Supreme Court held that there cannot be any additional chance for CSE 2021 on account of the unprecedented COVID-19 pandemic
Supreme Court held that there cannot be any additional chance for CSE 2021 on account of the unprecedented COVID-19 pandemic
Supreme Court converted the offence of an accused under S. 302 IPC to S. 304 Part I IPC
Supreme Court converted the offence of an accused under S. 302 IPC to S. 304 Part I IPC
Supreme Court held that bank is responsible for loss of goods from locker as it is in the position of a bailee with respect to the goods placed inside the locker
Supreme Court held that bank is responsible for loss of goods from locker as it is in the position of a bailee with respect to the goods placed inside the locker
Supreme Court held that the presence of an arbitration clause does not oust the jurisdiction under Article 226 in all cases.
Supreme Court held that the presence of an arbitration clause does oust the jurisdiction under Article 226 in all cases.
Parties who privately settle disputes without court intervention under Section 89 CPC also entitled to refund of Court fees: SC
Parties who privately settle disputes without court intervention under Section 89 CPC also entitled to refund of Court fees
Negotiable Instrument Act mandates that once the signature(s) of an accused on the cheque/negotiable instrument are established, then the ‘reverse onus’ clauses become operative: SC
The Statute mandates that once the signature(s) of an accused on the cheque/negotiable instrument are established, then the ‘reverse onus’ clauses become operative.
The consumer forum has no power and/or jurisdiction to accept the written statement beyond the statutory period prescribed of 45 days: SC
In view of the earlier decision of this Court in the case of J.J. Merchant case and the subsequent authoritative decision of the Constitution Bench of this Court in the case of New India Assurance Company Limited v. Hilli Multipurpose Cold Storage Pvt. Ltd. (2020) 5 SCC 757, consumer fora has no jurisdiction and/or power…
The Supreme Court held that Section 10A IBC is retrospective in operation but does not extinguishes the debt during the stipulated period
[ Editor’s Note: The Supreme Court even though has held that S.10A IBC has retrospective operation and does not apply upon the debt during lockdown period but a ray of hope is also given by Supreme Court[in paragraph 24] stating that the retrospective bar on the filing of applications for the commencement of CIRP during…
If the disciplinary authority accepts the findings recorded by the Enquiry Officer and passes an order, no detailed reasons are required to be recorded in the order imposing punishment: SC
If the disciplinary authority accepts the findings recorded by the Enquiry Officer and passes an order, no detailed reasons are required to be recorded in the order imposing punishment
Second application on the very same relief is not maintainable if the earlier application for the same relief was dismissed.
The Court also observed that a litigant cannot be permitted to browbeat the Court by seeking a Bench of its choice and the prayer of the applicant that one of the judges should recuse himself from hearing this application is rejected by
The arbitration agreement is an independent agreement between the parties and is not chargeable to payment of stamp duty therefore the non-payment of stamp duty on the commercial contract would not invalidate the arbitration clause
The Apex Court with regard to the facts of the case at hand held that the arbitration agreement contained in the Work Order is independent and distinct from the underlying commercial contract. The Court further went on to observe that an arbitration agreement is an agreement to resolve disputes arising out of a commercial agreement,…
Supreme Court reduced the sentence of 5 years rigorous imprisonment passed under NDPS Act to sentence already undergone relying upon the certain mitigating factors
The Supreme Court considering various mitigating factors argued by the Counsel of Appellant partly allowed the appeal and modified the sentence of five years rigorous imprisonment to the period of sentence already undergone, the bail bond of appellant is discharged but he has to pay the fine of Rs. 20,000.
Benchmark disability is not a pre-condition to obtain a scribe in civil services examination
The Court ruled that a person suffering from the neurological condition of Writer’s Cramp is entitled to have a scribe to write the Civil Service Exam. The bench held that the facility of scribe can be provided for persons with disabilities other than those having benchmark disabilities.
The Supreme Court converted the conviction under Section 302 IPC to Section 304 Part I IPC as incident happened in sudden heat of passion
The Supreme Court partly allowing the appeal held that since the accused without premeditation caused injuries to the deceased arising due to sudden quarrel in the sudden heat of passion.. Therefore, the Court found that the case was falling under Exception 4 of Section 300 IPC and as the offender has not taken any advantage,…
The Supreme Court quashed FIR and further proceedings arising out of it on the ground that the victim and accused have now married each other.
The appellant was not the main accused and there were no evidences found against him and apart from this fact, the main accused has married the victim and is living happily therefore the Supreme Court allowed the appeal and the order passed by the High Court was set aside and the FIR along with charge…
‘Related Parties’ under IBC cannot participate in CIRP process and be part of Committee of Creditors.
The Court held that the definition describes ‘related parties’ as a commutative relationship and is significantly broad. The intention of the legislature in adopting such a broad definition was to capture all kinds of interrelationships between the financial creditor and the corporate debtor. Furthermore, the Court held that the aim of the CoC is to…
VIOLATION OF THE RIGHT TO A SPEEDY TRIAL IS A GROUND FOR GRANT OF BAIL UNDER UNLAWFUL ACTIVITIES PREVENTION ACT
The Supreme Court reiterated that right to a speedy trial is intrinsic to liberty under Article 21 by placing reliance on In Re Supreme Court Legal Aid Committee Representing Undertrial Prisoners v. Union of India (1994) 6 SCC 731. The Court further said that the bar under Section 43D(5) of UAPA does not bar the…
Offender may be release on probation even before serving mandatory minimum sentence as prescribed under IPC
The Court said that for application of section 4 of Probation of Offender Act, 1958, the offender should not be convicted of an offence which is sentenced with death penalty or life imprisonment and in interim accused has to maintain good conduct and behaviour.
Supreme Court upholds the validity of Sections 3, 4 & 10 of Insolvency and Bankruptcy Code (Amendment) Act, 2020
The three judge bench of Supreme Court upheld the constitutional validity of the Insolvency and Bankruptcy Code (Amendment) Act, 2020.
Use of powers under Articles 226/ 227 by High Courts to interfere in the arbitral proceeding is bad in law: Supreme Court
Use of powers under Articles 226/ 227 by High Courts to interfere in the arbitral process is bad in law:
Acceptance Of A Conditional Offer With A Further Condition Does Not Result In A Concluded Contract: SC
The Supreme Court held that when the acceptor puts in a new condition while accepting the contract already signed by the proposer, the contract is not complete until the proposer accepts that condition.
Transfer of vehicle in lieu of fraud cannot be considered valid even if it is done with a bonafide interest: Supreme Court
The court also discussed Rule 61 of The Central Motor Vehicle Rules, 1989 deals with termination of hire purchase agreement etc. and Section 55(5) dealing with registration cancellation
Supreme Court upheld the Central Vista Project of the Government by 2:1 majority.
The majority judgement delivered by Justices AM Khanwilkar and Dinesh Maheshwari upheld the Centre’s proposed plan for Central Vista and probed into larger questions of jurisprudence apart from the technicalities.
When sections 92, 94 and 95 of the Evidence Act are applied to a string of correspondence between parties, each document must be taken to be part of a coherent whole: SC
The court held that, When proviso (6) and illustration (f) of section 92, section 94 and section 95 of the Evidence Act are read together, the picture that emerges is that when there are a number of documents exchanged between the parties in the performance of a contract, all of them must be read as…
Vote Cast By MLA Before His Conviction Is Not Invalid under Article 191(1)(e) of the Constitution of India read with Section 8(3) of the Representation of the People Act, 1951: Supreme Court
Vote Cast By MLA Before His Conviction Is Not Invalid under Article 191(1)(e) of the Constitution of India read with Section 8(3) of the Representation of the People Act, 1951: Supreme Court Pradeep Kumar Sonthalia v. Dhiraj Prasad Sahu. Civil Appeal No. 611 of 2020 decided on 18.12.2020
November-Monthly Roundup
November-Monthly Roundup
Eviction Proceedings Under Senior Citizens Act, 2007 Cannot Override The Right Of Residence Of Woman In A Shared Household As Per Protection of Women against Domestic Violence Act, 2005
Eviction Proceedings Under Senior Citizens Act, 2007 Cannot Override The Right Of Residence Of Woman In A Shared Household As Per Protection of Women against Domestic Violence Act, 2005 Smt. S. Vanitha V. The Deputy Commissioner, Bengaluru Urban District & Ors. Civil Appeal No. 3822 of 2020 decided on 15.12.2020 (Arising out of SLP (C)…
Landlord- Tenant disputes are arbitrable as the Transfer of Property Act does not forbid or foreclose arbitration: SC
Landlord- Tenant disputes are arbitrable as the Transfer of Property Act does not forbid or foreclose arbitration: SC Vidya Drolia and Ors v. Durga Trading Corporation Civil Appeal No. 2402 of 2019 Decided on 14.12.2020
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