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Insolvency and Bankruptcy Code 2016 -Section 238A – Limitation Act 1963- Section 16 -The commencement of a fresh period of limitation from the time of acknowledgement of the debt is part of the statutory scheme. Section 238A of the Code extends the applicability of the provisions of the Limitation Act to the proceedings under the Code. With the extension of Limitation Act to the provisions of the Code, the benefit of Section 18 of the Limitation Act dealing with the effect of acknowledgement of a debt in writing applies – Referred to Laxmi Pat Surana v. Union Bank of India-…

Indian Evidence Act 1872 – Section 106- There are two important consequences that play out when an offence is said to have taken place in the privacy of a house, where the accused is said to have been present. Firstly, the standard of proof expected to prove such a case based on circumstantial evidence is lesser than other cases of circumstantial evidence. Secondly, the accused would be under a duty to explain as to the circumstances that led to the death of the deceased. In that sense, there is a limited shifting of the onus of proof. If he remains…

Finance Act, 1994- Section 65(33a) – Service tax is not separately payable on the interchange fee, as service tax has been paid on the MDR. (Para 11) Interpretation Of Statutes- While interpreting a tax provision, one must keep in mind that the legislature ennobles the ease of collection of tax and payment of tax. These principles, especially when there is no loss of revenue, can be taken into consideration for interpreting a provision in case of doubt or debate. (Para 6) Read Judgment

Indian Penal Code 1860 – Section 420 – For bringing out the offence under the ambit of Section 420 IPC, the FIR must disclose the following ingredients: (a) That the appellant-bank had induced anyone since inception; (b) That the said inducement was fraudulent or dishonest; and (c) That mens rea existed at the time of such inducement – Section 409- Following ingredients will have to be made out: (a) That there has been any entrustment with the property, or with any dominion over property on a person in the capacity of a public servant or banker, etc.; (b) That the…

Code Of Criminal Procedure 1973- Section 432 of the CrPC [ Section 473(1) BNSS] -(I) The appropriate Government has the power to remit the whole or any part of the punishment of a convict. The remission can be granted either unconditionally or subject to certain conditions; (ii) The decision to grant or not to grant remission has to be well­informed, reasonable and fair to all concerned; (iii) A convict cannot seek remission as a matter of right. However, he has a right to claim that his case for the grant of remission ought to be considered in accordance with the…

Arbitration and Conciliation Act,1996 – Public Premises Act, 1971 – In so far as the dispute relating to this right of renewal is concerned, it depends on the terms of the agreement. The Public Premises Act neither bars nor overlaps with the scope and ambit of proceedings that were initiated under the Arbitration and Conciliation Act. Arbitration and Conciliation Act,1996 – Section 11(6) -The remit of the referral court to consider an application under Section 11(6) is clear and unambiguous. We need to just examine the existence of an arbitration agreement. (Para 14) Read Judgment