Constitution of India, 1950; Article 142- Exercise of jurisdiction under Article 142 (1) of the Constitution of India is clearly permissible to do ‘complete justice’ to a ‘cause or matter’ and this Court can pass an order or decree which a family court, trial court or High Court can pass and when such power is …
Insolvency and Bankruptcy Code, 2016; Section 14 – The protection of the moratorium will not be available to the directors/officers of the company – Referred to Anjali Rathi vs. Today Homes and Infrastructure Pvt. Ltd. (2021) SCC OnLine SC 729 and P. Mohanraj vs. Shah Bros. Ispat (P) Ltd. (2021) 6 SCC 258.
Insolvency and Bankruptcy Code, 2016 – The timely resolution of insolvency cases is vital for sustaining the effectiveness and credibility of the insolvency framework. Therefore, concerted efforts and decisive actions are imperative to break the deadlock and ensure the expeditious implementation of the resolution plan. (Para 24)
Income Tax Act, 1961; Section 142,143- The expression “change of opinion” would imply formulation of opinion and then a change thereof. In terms of assessment proceedings, it means formulation of belief by the assessing officer resulting from what he thinks on a particular question. Therefore, before interfering with the proposed reopening of the assessment on …
Doctrine of Necessity – Under given circumstances an action is required to be taken under compelling circumstances -law permits certain things to be done as a matter of necessity which it would otherwise not countenance on the touchstone of judicial propriety. Stated differently, the doctrine of necessity makes it imperative for the authority to decide …
Summary : Woman concurrently convicted in a murder case of the year 2000 – Juvenility claim accepted and appeal allowed – on the date on which the incident constituting the offence took place, the age of the appellant was less than 18 years – The maximum action which could have been taken against the appellant …
Indian Penal Code, 1860; Section 420 – In order to attract the provisions of Section 420 IPC, the prosecution has to not only prove that the accused has cheated someone but also that by doing so, he has dishonestly induced the person who is cheated to deliver property. There are, thus, three components of this …
Unlawful Activities (Prevention) Act, 1967 ; Section 43D(5) – The Court must be satisfied that there are reasonable grounds for believing the accusation against the accused are prima facie, not true – National Investigation Agency Vs. Zahoor Ahmad Shah Watali reported in 2019(5) SCC 1 – Dismissed bail plea of UAPA Accused.
Bail -Concern about the delay taking place in the disposal of the bail applications – Referred to guidelines issued in R.C. Sharma Vs. Union of India, (1976) 3 SCC 574, Anil Rai Vs. State of Bihar, (2001) 7 SCC 313, Satendra Kumar Antil Vs. Central Bureau of Investigation and Anr., (2022) 10 SCC 51 -Despite …
Indian Evidence Act, 1872; Section 17,18 – Admission is a conscious and deliberate act and not something that could be inferred. An admission could be a positive act of acknowledgement or confession. To constitute an admission, one of the requirements is a voluntary acknowledgement through a statement of the existence of certain facts during the …