Contempt of Courts Act, 1971; Section 20 – In a case where a civil contempt is alleged by a party by referring to a “continuing wrong/breach/offence” and such allegation prima facie satisfies the court, the action for contempt is not liable to be nipped in the bud merely on the ground of it being presented …
S Tirupathi Rao vs M Lingamaiah 2024 INSC 544 – CPC – Review – Contempt Of Court Read More »
Indian Penal Code, 1860; Section 307 [Section 109 BNSS]-The victim need not suffer any kind of bodily injury. The offence to commit murder punishable under Section 307, IPC is constituted by the concurrence of mens rea followed by actus reus, to commit an attempt to murder though its accomplishment or sufferance of any kind of …
Amit Rana @ Koka vs State Of Haryana 2024 INSC 543 – S 307 IPC – Attempt To Murder = Read More »
Code of Civil Procedure, 1908- Even if the defendant/opposite party failed to file a written statement and, in that matter, even if forfeiture of the right to file written statement has occasioned it would not disentitle that party from participating in the further proceedings, without filing a written statement and in such circumstances, the said …
Doctrine of bona fide purchaser –The doctrine of bona fide purchaser for value applies in situations where the seller appears to have some semblance of legitimate ownership rights. However, this principle does not protect a subsequent purchaser if the vendor had already transferred those rights through a prior sale deed. In a case where the …
Principle of Promissory Estoppel Or Legitimate Expectation – A prior executive decision does not bar the State legislature from enacting a law or framing any policy contrary to or in conflict with the previous executive decision in furtherance of larger public interest. Nor can it be canvassed that the law laid down by the legislature …
Arbitration and Conciliation Act, 1996; Section 11 – The initiation of arbitration and criminal proceedings under Section 138 of the Negotiable Instruments Act 1881 are separate and independent proceedings that arise from two separate causes of action. Therefore, the institution of the proceedings under Section 138 does not imply a ‘continuing cause of action’ for …
Elfit Arabia vs Concept Hotel BARONS Limited 2024 INSC 536 – S 11 Arbitration Act Read More »
NDPS Act, 1986; Section 37- While considering the application for bail made by an accused involved in an offence under NDPS Act a liberal approach ignoring the mandate under Section 37 of the NDPS Act is impermissible. Recording a finding mandated under Section 37 of the NDPS Act, which is sine qua non for granting …
State of Meghalaya vs Lalrintluanga Sailo 2024 INSC 537 – S 37 NDPS Act – Bail Read More »
Bail– An accused is entitled to a speedy trial- An accused or an undertrial has a fundamental right to speedy trial which is traceable to Article 21 of the Constitution of India. If the alleged offence is a serious one, it is all the more necessary for the prosecution to ensure that the trial is …
Negotiable Instruments Act, 1882; Section 138 & 147- Section 147 of the Negotiable Instruments Act, 1881 makes all offences under NI Act compoundable offences – Settlement agreement can be treated to be compounding of the offence – All the same, Section 320 (5) of CrPC provides that if compounding has to be done after conviction, …
New Win Export vs A Subramaniam 2024 INSC 535 – Negotiable Instruments Act- Compounding Read More »
Specific Relief Act, 1963; Section 16– Relief of specific performance of contract is a discretionary relief. As such, the Courts while exercising power to grant specific performance of contract, need to be extra careful and cautious in dealing with the pleadings and the evidence in particular led by the plaintiffs. The plaintiffs have to stand …
P Ravindranath vs Sasikala 2024 INSC 533 – Specific Relief Act Read More »