Author name: CiteCase

Manik Hiru Jhangiani vs State of M.P. 2023 INSC 1078 – Food Safety and Standards Act

December 15, 2023 / By

Food Safety and Standards Act, 2006; Section 52,89 – Prevention of Food Adulteration Act, 1954 ; Section 16- The punishment under PFA and the penalty under the FSSA cannot be imposed on the violator for the same misbranding because it will amount to double jeopardy, which is prohibited under Article 20(2) of the Constitution of …

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Shakti Yezdani vs Jayanand Jayant Salgaonkar 2023 INSC 1076 – S. 72 Companies Act – Nomination

December 15, 2023 / By

Companies Act, 2013 ; Section 72- Upon the holder’s death, the nominee would not get an absolute title to the subject matter of nomination, and those would apply to the Companies Act, 1956 (pari materia provisions in Companies Act, 2013) and the Depositories Act, 1996 as well – The legislative intent of creating a scheme …

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Sushma Shivkumar Daga vs Madhurkumar Ramkrishnaji Bajaj 2023 INSC 1081 – Ss. 8,11,16 Arbitration Act

December 15, 2023 / By

Arbitration and Conciliation Act, 1996; Section 8,11 – After the 2015 amendment, primarily the court only has to see whether a valid arbitration agreement exists. Additionally, the clear non-arbitrability of cases, such as where a party to the agreement is statutorily protected, such as a consumer “has also to be seen by the Court”- Short …

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Ram Kishor Arora vs Directorate Of Enforcement 2023 INSC 1082 – PMLA Arrests

December 15, 2023 / By

Prevention of Money Laundering Act, 2002; Section 19 – Contention that judgment in Pankaj Bansal vs Union of India 2023 INSC 866 has retrospective effect rejected -The very use of the word “henceforth” implied that the said requirement of furnishing grounds of arrest in writing to the arrested person as soon as after his arrest …

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Mohammed Abdul Wahid vs Nilofer 2023 INSC 1075 – CPC – Evidence Act – Parties vs Witnesses

December 15, 2023 / By

Code of Civil Procedure, 1908 – Indian Evidence Act, 1872 – Provisions of the Code as also the Evidence Act do not differentiate between a party to the suit acting as a witness and a witness otherwise called by such a party to testify – the term witness does not exclude the party to the …

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Sanjay Shivashankar Chitkote vs Bhanudas Dadarao Bokade (D) – S 28 Specific Relief Act

December 15, 2023 / By

Specific Relief Act, 1963;  Section 28- The application seeking rescission of the decree of specific performance or an application seeking further period for the payment of purchase money or other sum which the court has ordered the judgment debtor to pay in a decree in a suit for specific performance should be filed “in the …

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Afjal Ansari vs State of UP 2023 INSC 1071 – S 389 CrPC – Suspension Of Sentence

December 15, 2023 / By

Code of Criminal Procedure, 1973; Section 389- Appellate Court is unambiguously vested with the power to suspend implementation of the sentence or the order of conviction under appeal and grant bail to the incarcerated convict, for which it is imperative to assign the reasons in writing – in order to suspend the conviction of an …

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Union of India vs Air Commodore NK Sharma 2023 INSC 1074 – AFT – Tribunals Cant Direct Formation Of Policy

December 15, 2023 / By

Armed Forces Tribunal Act, 2007; Section 14 – A Tribunal functioning within the strict boundaries of the governing legislation, would not have the power to direct the formation of a policy – Although, it cannot be questioned that disputes in respect of promotions and/or filling up of vacancies is within the jurisdiction of the Tribunal, …

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Saumya Chaurasia vs Directorate of Enforcement 2023 INSC 1073 – S 45 PMLA – Bail

December 15, 2023 / By

Prevention of Money Laundering Act, 2002 ; Section 45 First Proviso -The use of the expression “may be” in the first proviso to Section 45 clearly indicates that the benefit of the said proviso to the category of persons mentioned therein may be extended at the discretion of the Court considering the facts and circumstances …

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Chhote Lal vs Rohtash 2023 INSC 1072 – Criminal Trial – Interested Witness

December 15, 2023 / By

Criminal Trial – Conviction has to be based on the evidence which proves the accused guilty beyond reasonable doubt. (Para 14) Criminal Trial – A sole eyewitness, happens to be the most interested witness being the father of the deceased and having long enmity with the group to which the accused persons belong, therefore, his …

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