Identification Of Private Forests – existing criteria for identification of private forests in the State of Goa are adequate and valid, hence, they require no alteration. The Ministry of Environment, Forest & Climate Change guidelines, as well as the Scheduled Tribes & other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, are clear and …
Code of Criminal Procedure, 1973; Section 173 – Once from the material produced along with the chargesheet, the court is satisfied about the commission of an offence and takes cognizance of the offence allegedly committed by the accused, it is immaterial whether the further investigation in terms of Section 173(8) is pending or not. The …
Criminal Trial – Circumstantial Evidence – Sharad Birdhichand Sarda vs. State of Maharashtra (1984) 4 SCC 116=1984 INSC 121 – the circumstances from which the conclusion of the guilt is to be drawn should be fully established – The accused ‘must be’ and not merely ‘may be’ proved guilty before a court can convict the …
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 …