In A.S. Pharma Pvt. Ltd. v. Nayati Medical Pvt. Ltd. & Ors. [2024] 7 S.C.R. 1476 : 2024 INSC 690, a question arose before the Supreme Court is whether High Court justified in exercising its inherent power under Section 482, Cr.P.C and the power under Section 147, N.I. Act, 1881 to compound the offence u/s.138 […]
COMPOUNDING OF CHEQUE DISHONOUR CASE REQUIRES CONSENT OF COMPLAINANT Read Post »
Following are the key principles, summarized recently in Karakkattu Muhammed Basheer v. The State of Kerala [2024] 11 S.C.R. 498 : 2024 INSC 838, which act as a guide for the courts to come to a conclusion with regard to the guilt of an accused in cases which are solely dependent on the circumstantial evidence: That
ESTABLISHING GUILT ON CIRCUMSTANTIAL EVIDENCE Read Post »
The Supreme Court recently in Dharmendra Kumar @ Dhamma v. State of Madhya Pradesh [2024] 7 S.C.R. 218 : 2024 INSC 480 reaffirmed that FIR is not a substantive evidence, and elaborated the significance of registration of FIRs for offences. It held that it needs to be borne in mind that FIR is not a
FIRs NOT SUBSTANTIVE EVIDENCE Read Post »
While adjudicating an appeal against a judgment assailing an arbitral award in Bombay Slum Redevelopment Corporation Private Limited v. Samir Narain Bhojwani [2024] 7 S.C.R. 136 : 2024 INSC 478, the Supreme Court held that the court deciding an appeal u/s 37 of the Arbitration and Conciliation Act, 1996 cannot undertake an independent assessment of
JURISDICTION OF APPELLATE COURT UNDER SEC 37 OF THE ARBITRATION & CONCILIATION ACT Read Post »
The Supreme Court recently in Naresh Kumar v. State of Delhi [2024] 7 S.C.R. 178 : 2024 INSC 464 summarized the principles governing examination of accused under sec 313 of CrPC. It held that it it embodies one salutary principle of natural justice viz., audi alteram partem and empowering the Court to examine the accused
EXAMINATION OF ACCUSED UNDER SEC 313 CRPC Read Post »
The issue raised before the Hon’ble Supreme Court in James Kunjwal v. State of Uttarakhand & Anr. [2024] 8 S.C.R. 332 : 2024 INSC 601 was in what circumstances giving of false evidence in court constitutes offence under Section 193 IPC, that is, perjury. It was held that there are three essential factors which can be
OFFENCE OF GIVING FALSE EVIDENCE IN COURT: ‘PERJURY’ Read Post »
The Hon’ble Supreme Court in Union of India & Ors. Etc. v. Prohlad Guha Etc. [2024] 8 S.C.R. 8 : 2024 INSC 563 reaffirmed and reiterated the principles of compassionate appointment. It held that the principle of compassionate appointment has been put in place to ameliorate suffering that is cast upon members of a family upon
PRINCIPLES OF COMPASSIONATE APPOINTMENT Read Post »
In National Housing Bank v. Bherudan Dugar Housing Finance Ltd. & Ors. Etc. [2024] 8 S.C.R. 1 : 2024 INSC 566 on a complaint filed u/s. 200 CrPC, the Magistrate took cognizance of the complaint for the offence u/s. 29A read with s. 50 and punishable u/s. 49 (2A) of the National Housing Bank 1987 Act
In G.M. Shahul Hameed v. Jayanthi R. Hegde (Civil Appeal No. 1188 of 2015) [2024] 7 S.C.R. 316 : 2024 INSC 493, the issue raised is whether upon admission of an instrument in evidence and its marking as an exhibit by a court (despite the instrument being chargeable to duty but is insufficiently stamped), such
Delhi High Court in Kotak Mahindra Prime Ltd. v. Manav Sethi & Anr. 2024:DHC:5255 held that a petition u/s 11(6) of Arbitration & Conciliation Act for appointment of arbitrator is not maintainable if no statutory notice under Section 21 of the 1996 Act has been issued by the petitioner to the respondent. Section 21 of the 1996
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