Author name: CiteCase

Pernod Ricard India (P) Ltd vs State Of Madhya Pradesh 2024 INSC 327- MP Foreign Liquor Rules -General Clauses Act

Madhya Pradesh Foreign Liquor Rules, 1996-Whether it is the rule that existed when the violation occurred during the license period of 2009-10 or the rule that was substituted in 2011 when proceedings for penalty were initiated? If the amendment by way of a substitution in 2011 is intended to reduce the quantum of penalty for …

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Govind Kumar Sharma vs Bank Of Baroda 2024 INSC 326 – SARFAESI

SARFAESI Act, 2002 – DRT set aside auction sale held in favour of the appellants – DRAT dismissed appeal – HC dismissed WP – Disposing appeal, SC held a) setting aside of the auction sale is affirmed. b) The status of the appellants as tenants shall stand restored leaving it open for the borrower as …

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Ramayan Singh vs State Of Uttar Pradesh 2024 INSC 323- Bail

Code Of Criminal Procedure, 1973; Section 439– Grant of bail involves the exercise of a discretionary power which ought not to be used arbitrarily, capriciously; and injudiciouslygrant of bail involves the exercise of a discretionary power which ought not to be used arbitrarily, capriciously; and injudiciously – Referred to Prasanta Kumar Sarkar v. Ashis Chatterjee, …

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Maneesha Yadav vs State Of Uttar Pradesh 2024 INSC 322 – S 482 CrPC – Filing of Chargesheet

Code Of Criminal Procedure, 1973; Section 482 -Merely because the charge-sheet is filed cannot be a ground for the High Court to not invoke its jurisdiction under Section 482 of the Cr.P.C.-The Court would not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in …

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Deccan Value Investors LP vs Dinkar Venkatasubramanian 2024 INSC 321- IBC – Resolution Plans

Insolvency and Bankruptcy Code, 2016 – Resolution Plans – Resolution plans are not prepared and submitted by lay persons. They are submitted after the financial statements and data are examined by domain and financial experts, who scan, appraise evaluate the material as available for its usefulness, with caution and scepticism. Inadequacies and paltriness of data …

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Babu Sahebagouda Rudragoudar vs State Of Karnataka 2024 INSC 320 – S 378 CrPC – S 27 Evidence Act

Code Of Criminal Procedure, 1973; Section 378,386– scope of interference by an appellate Court for reversing the judgment of acquittal recorded by the trial Court in favour of the accused has to be exercised within the four corners of the following principles:-(a) That the judgment of acquittal suffers from patent perversity; (b) That the same …

Babu Sahebagouda Rudragoudar vs State Of Karnataka 2024 INSC 320 – S 378 CrPC – S 27 Evidence Act Read More »

Hansraj vs State Of MP 2024 INSC 318 – S 27 Evidence Act

Indian Evidence Act, 1872 ; Section 27- For proving a disclosure memo recorded at the instance of the accused, the Investigating Officer would be required to state about the contents of the disclosure memo and in absence thereof, the disclosure memo and the discovery of facts made in pursuance thereto would not be considered as …

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Insolvency And Bankruptcy Board Of India vs Satyanarayan Bankatlal Malu 2024 INSC 319

Insolvency and Bankruptcy Code, 2016; Section 236(1)- Companies Act, 2013; Section 435 -Under Section 236(1) of the Code, reference is “offences under this Code shall be tried by the Special Court established under Chapter XXVIII of the Companies Act, 2013”- Whether the Special Court under the Code would be as provided under Section 435 of …

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