The first reason which has weighed with the High Court in regard to the construction of Section 212(3) is ex facie contrary to the law, as has been laid down by a two judge Bench of this Court in SFIO vs Rahul Modi. While elaborating upon the provisions of Section 212(3), this Court has held […]
All the parties to the consent terms are required to fully comply with the terms of settlement/consent terms and the consent order. One party cannot be permitted to say that that portion of the settlement which is in their favour be executed and/or complied with and not the other terms of the settlement/consent terms/consent order,
Or. 23 R. 3 — Consent order Read More »
There is primacy of orders of High Court over those of statutory tribunals in case of conflicting orders. Law declared by the High Court in the State is binding on authorities and tribunals under its superintendence and they cannot ignore it. Further, tribunals are subordinate to High Court insofar as the territorial jurisdiction of High
Arts. 226 and 227 — Binding effect of Law declared by High Court Read More »
Scope of rights of “victim” of crime, to participate in criminal proceedings, at various stages, including at stage of bail proceedings, particularly after insertion of S. 2(wa) vide CrPC Amendment Act of 2008, explained. Held, in the present case, the ‘victims’ have been denied a fair and effective hearing at the time of granting bail
Art. 21 — “Victim” of crime Read More »
Principles for clarified for determination of culpable homicide, or, murder. Significance of use of the word “likely” in several places in S. 299 and absence thereof in S. 300, explained. The use of the term “likely” in several places in respect of culpable homicide, highlights the element of uncertainty that the act of the accused
Ss. 299 and 300 — Determination of Culpable homicide, or, murder Read More »
Section 141 – Impleadment of all Directors of an Accused Company on the basis of a statement that they are in charge of and responsible for the conduct of the business of the company, without anything more, does not fulfil the requirements of Section 141 of the NI Act – Specific averments have to be
Payment to a person other than holder/holder in due course, when does not amount to a valid discharge, explained. When the appellant signed the original Kisan Vikas Patra on back side and handed over to the agent of Post office, she also took pass book of MIS. Subsequently it was discovered that KVPs were encashed
Based on the principles on discharge under Section 227 of the Cr.P.C, in Dipakbhai Jagdishchandra Patel v. State of Gujarat (2019) 16 SCC 547, this Court recapitulated “…23. … All that is required is, the court must be satisfied that with the materials available, a case is made out for the accused to stand trial… Strong suspicion must be the
The investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41A of the Code and the directions issued in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 – Any dereliction on their part has to be brought to the notice of the higher authorities by the
the prosecution has failed to prove that the complainant and the deceased were carrying Rs.5 lakhs cash in the dicky of the scooter and it was the very looted amount which was recovered from the accused, the accused cannot be convicted on the basis of recovery of some cash. It is required to be considered
S. 392 — Robbery with murder Read More »
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