Code of Criminal Procedure, 1973; Section 372, 386 – The appellate court should be slow in interfering with the conviction recorded by the courts below but where the evidence on record indicates the prosecution has failed to prove the guilt of the accused beyond reasonable doubt and that a plausible view, different from the one …
Criminal Trial – Code of Criminal Procedure, 1973 ; Section 161 – If the PWs had failed to mention in their statements u/s 161 CrPC about the involvement of an accused, their subsequent statement before court during trial regarding involvement of that particular accused cannot be relied upon. Prosecution cannot seek to prove a fact …
Constitution of India, 1950 ; Article 22(5) – Article 22(5) of the Constitution of India can broadly be divided into two parts – The first part involves the bounden duty of the authorities in serving the grounds of detention containing such grounds which weighed in the mind of the detaining authority in passing the detention …
Arbitration and Conciliation Act, 1996 ; Section 34 – Any court under Section 34 would have no jurisdiction to modify the arbitral award – The court cannot correct errors of the arbitrators. It can only quash the award leaving the parties free to begin the arbitration again if it is desired- Referred to Larsen Air …
Bombay HC cancelled the order of suspension of sentence and bail granted to the appellant – accused – also the intervenor (petitioner before the High Court) as they violated the undertaking given before the High Court and further violated the condition contained in the order granting extension of time to comply- Supreme Court dismissed appeal …
Insolvency and Bankruptcy Code, 2016 ; Section 25(2)(a)– Rght to claim set-off in the Corporate Insolvency Resolution Process, when the Resolution Professional proceeds in terms of Section 25(2)(a) to take custody and control of all the assets of the corporate debtor.Provisions of statutory set-off in terms of Order VIII Rule 6 of CPC or insolvency …
Insolvency and Bankruptcy Code, 2016 ; Section 30(2)(b)(ii) – Whether Section 30(2)(b)(ii) of the Insolvency and Bankruptcy Code, 20161 , as amended in 2019, entitles the dissenting financial creditor to be paid the minimum value of its security interest? – Referred to larger bench.
Indian Evidence Act, 1872; Section 25-27 – As soon as an accused or suspected person comes into the hands of a police officer, he is no longer at liberty and is under a check, and is, therefore, in “custody” within the meaning of Sections 25 to 27 of the Evidence Act. It is for this …
Perumal Raja @ Perumal vs State 2024 INSC 13 – Ss 27 & 106 Evidence Act Read More »
High Court of Judicature at Madras allowed the Second Appeal filed by the plaintiff and the concurrent judgments of the Trial Court and the Sub-Judge dismissing the suit of the plaintiff were set aside and the suit was decreed – Allowing appeal, Supreme Court held: the impugned judgment cannot be sustained as it not only …
Rejendhiran vs Muthaiammal @ Muthayee 2024 INSC 12 – Civil Suit Read More »
Unlawful Activities (Prevention) Act, 1967 ; Section 43 D(2)(b) – The extension for investigation could be granted up to a maximum period of 180 days for the following reasons: Completion of the investigation; Progress in the investigation was explained; and Specific reasons for detention beyond a period of 90 days – In this case, the …
State of NCT of Delhi vs Raj Kumar @ Lovepreet @ Lovely 2024 INSC 11 – S 43D(2)(b) UAPA Read More »