Negotiable Instruments Act, 1881; Section 138 – Allowing appeal against concurrent conviction in a cheque case , SC held: In the present case, considering that the Court in criminal jurisdiction has imposed both sentence and damages, the Court in criminal jurisdiction would be bound by the civil Court having declared the cheque, the subject matter …
Limitation Act, 1963; Section 14 – The following conditions must be satisfied before Section 14 can be pressed into service: (1) Both the prior and subsequent proceedings are civil proceedings prosecuted by the same party; (2) The prior proceeding had been prosecuted with due diligence and in good faith; (3) The failure of the prior …
Purni Devi vs Babu Ram 2024 INSC 259 :: [2024] 4 S.C.R 37 – S 14 Limitation Act Read More »
Code Of Criminal Procedure, 1973; Section 378,386– Unless the finding of acquittal is found to be perverse or impossible, interference with the same would not be warranted – The High Court could have interfered in the criminal appeal only if it came to the conclusion that the findings of the trial Judge were either perverse …
Contract Law – Letter of Intent – Letter of Intent is merely an expression of intention to enter into a contract. It does not create any right in favour of the party to whom it is issued. There is no binding legal relationship between the party issuing the LOI and the party to whom such …
Indian Penal Code, 1860; Section 306– While considering the question as to whether a person can be convicted under Section 306, IPC or whether a conviction thereunder could be sustained, one has to consider the mens rea of the accused/convict to bring about suicide of the victim. Needless to say, that it requires an active …
Practice and Procedure – States/Union Territories have power to change their empanelled Advocates, but while doing so, they must ensure that the Court’s functioning is not adversely affected – States/Union Territories while changing the panel of Advocates to continue the old panel for at least 06 weeks so that the Courts are not forced to …
Sachin Kumar vs State Of Uttarakhand CrA 1843 Of 2024 – Change Of Empanelled Advocates Read More »
State Financial Corporations Act, 1951; Section 29 – Haryana Financial Corporation & Anr. v. Jagdamba Oil Mills (2002) 3 SCC 496 judgment explained: Section 29 gives a right to the financial corporation inter alia to sell the assets of the industrial concern and realize the property pledged, mortgaged, hypothecated or assigned to the financial corporation. …
Indian Evidence Act, 1872; Section 114A – The condition precedent for applicability of Section 114A of the Evidence Act is that the prosecution must be for the offence of rape under various clauses set out therein under sub-Section (2) of Section 376 of the IPC – When this condition is not met, the presumption under …
State Of Kerala vs Union Of India – Suit Challenging Borrowing Limits Referred to Constitution Bench -Suit raises more than one substantial questions regarding interpretation of the Constitution, including: (a) What is the true import and interpretation of the following expression contained in Article 131 of the Constitution: “if and in so far as the …
Bail– The purpose of directing an accused who has been released on bail to furnish surety is to ensure that the accused is present to answer further proceedings including at the trial. Determining the amount of surety at an unreasonably high amount effectively defeats the very purpose of the grant of bail and infringes the …