Arbitration and Conciliation Act, 1996; Sections 34,37 – Reference to Larger Bench: 1.Whether the powers of the Court under section 34 and 37 of the Arbitration and Conciliation Act, 1996, will include the power to modify an arbitral award? 2. If the power to modify the award is available, whether such power can be exercised …
Indian Evidence Act, 1872; Section 90– If the document is more than 30 years old and is being produced from proper custody, a presumption is available to the effect that signatures and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting and …
Criminal Trial – non-recovery of the weapon of crime- By itself non-recovery of the weapon of crime would not be fatal to the prosecution case. When there is such non-recovery, there would be no question of linking the empty cartridges and pellets seized during investigation with the weapon allegedly used in the crime. Obtaining of …
Doctrine Of Non- Traverse -When the respondent has not controverted the statements/averments made in the petitions, the same are deemed to have been admitted by him by applying the doctrine of non-traverse.
Negotiable Instruments Act, 1881; Section 138, 139 -Even if a blank cheque leaf is voluntarily signed and handed over by the accused towards some payment would attract the presumption under Section 139 of the Act and in the absence of any cogent evidence to show that the cheque was not issued in discharge of the …
K Ramesh vs K Kothandaraman SLP(Crl) 3377 Of 2019 – S 139 NI Act – Blank Cheque Leaf Read More »
Practice and Procedure – The approach of the State of taking the side of the husband in a maintenance case, to say the least, is very strange. In fact, the learned counsel, who appeared for the State was under a duty and obligation to act as an officer of the Court and to assist the …
Asiya Khan vs State Of UP CrA 824 Of 2024 – Maintenance Cases – State Role Read More »
Code Of Criminal Procedure, 1973; Section 389 – When there is a fixed term sentence and especially when the appeal is not likely to be heard before completing entire period of sentence, normally suspension of sentence and bail should be granted – in several deserving cases, bail is being denied. Such cases should never be …
Atul @ Ashutosh vs State Of Madhya Pradesh CrA 579 Of 2024 – Suspension Of Sentence Read More »
Indian Penal Code, 1860; Section 498A – Neighbours of the family of the husband who are not relatives of the husband cannot be implicated in any offence punishable under Section 498A of the IPC – reference to the word “relative” in Section 498A, IPC would be limited only to the blood relations or the relations …
Karnataka Stamp Act ; Section 33,34- There is no power conferred on the Courts to direct payment of penalty and it is the power of the appropriate authorities under the Karnataka Stamp Act to impose penalty [In this case, he Executing Court directed penalty to be paid on account of non-payment of stamp duty on …
Shakeel Pasha vs City Max Hotels India Pvt Ltd CA 2139 Of 2024 Read More »
Motor Accident Compensation Claims – Contributory Negligence – When the lorry was standing in the middle of the road on which it was not supposed to be stationed at midnight and the jeep in question came from behind hitting the same, resulting in the death of the deceased, we do not find that the driver …