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 …
Hansraj vs State Of MP 2024 INSC 318 – S 27 Evidence Act Read More »
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 …
Insolvency And Bankruptcy Board Of India vs Satyanarayan Bankatlal Malu 2024 INSC 319 Read More »
Code Of Criminal Procedure, 1973; Section 482 -Quashing a cheating case, SC observed: The matter was purely civil in nature. It was a case of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of …
Code Of Criminal Procedure, 1973; Section 200 – The right of the Complainant to file a petition under Section 200 Cr.P.C. is not taken away even if the Magistrate concerned does not direct that a Protest Petition be treated as a complaint- When the Magistrate is satisfied that a case is worth taking cognizance and …
Mukhtar Zaidi vs State Of Uttar Pradesh 2024 INSC 316 – S 200 CrPC – Protest Petition Read More »
Summary: High Court set aside the order of the Trial Court and further directed the Trial Court to proceed in accordance with law to implement the award of the Arbitrator – Allowing appeal, SC set aside HC order and restored Trial Court order.
Constitution of India,1950; Article 226 – Delay or latches is one of the factors which should be born in mind by the High Court while exercising discretionary powers under Article 226 of the Constitution of India. In a given case, the High Court may refuse to invoke its extraordinary powers if laxity on the part …
National Investigation Agency Act, 2002; Section 22– State of West Bengal has so far not exercised the power conferred upon it by Section 22 of the NIA Act for constituting a Special Court for trial of offences set out in the Schedule to the NIA Act and hence, the Sessions Court within whose jurisdiction, the …
State Of West Bengal vs Jayeeta Das 2024 INSC 313 – NIA Act – UAPA Read More »
Criminal Trial – Oral Testimony – Quoted Vadivelu Thevar v. State of Madras AIR 1957 SC 614 : The court is concerned with the quality and not with the quantity of the evidence necessary for, proving or disproving a fact. Generally speaking, oral testimony in this context may be classified into three categories, namely: (1) …
Kirpal Singh vs State Of Punjab 2024 INSC 312 – Criminal Trial – Oral Testimony Read More »
Summary: Clarification of Judgment in Wg Cdr A U Tayyaba (retd) & Ors v Union of India & Ors [Civil Appeal Nos 79-82 of 2012]
Code Of Civil Procedure, 1908; Section 114 and Order XLVII Rule 1 – Mistake or error apparent on the face of record would debar the court from acting as an appellate court in disguise, by indulging in a re-hearing. A decision, however erroneous, can never be a factor for review, but can only be corrected …