Stage of framing of charge: Principles that must keep in mind by High Court while exercising jurisdiction under S. 482 at the stage of framing of charges. Held, High Court committed grave error in quashing charge sheet / entire criminal proceedings as there is ample material to show at least a prima facie case against the […]
Criminal Procedure Code, 1973 — S. 482 and Ss. 227 & 228 — Quashment Read More »
In the instant case, when High Court quashed criminal proceedings, the IO had after doing the investigation and collecting the evidence, had filed the charge sheet before Magistrate for offences under Ss 147,148, 149, 406, 329 and 386 IPC and even Magistrate took the cognizance of the same. High court lost sight of crucial aspects
Criminal Procedure Code, 1973 — S. 482 — Quashment application Read More »
Held, unequals are being treated equally in that no differentiation is made by the third proviso between the assessees who are responsible for delaying the proceedings and assessees who are not so responsible- since the objective was automatic vacation of stay granted on the completion of 365 days whether or not the assessee is responsible
Ex gratia monetary compensation to families of deceased who have succumbed to pandemic of COVID-19: Word “shall” used in S. 12, held, cannot be interpreted and considered as “may”. It is mandatory for National Authority to recommend guidelines for minimum standards of relief to be provided to persons affected by disasters including ex gratia assistance
This is evident from the answers given to the questionnaire by the managing Trustee of the Trust showing that the donations were received by way of cheques out of which substantial money was ploughed back or returned to the donors in cash. Cancellation of registration under S. 12-AA as charitable trust and approval granted under
Income Tax Act, 1961 — Ss. 12-AA and 80-G Read More »
S.197 CrPC seeks to protect officer from unnecessary harassment, who is accused of offence committed while acting or purporting to act in discharge of his official duties and, thus, prohibits court from taking cognizance of such offence except with previous sanction of competent authority. At the same time, such shield cannot protect corrupt officers and
Principles clarified re three broad sets of employers viz. (i) Employers in organised sector like industry; (ii) Employers in public sector undertakings including Boards and Corporations and other establishments which meet test of “State” within meaning of Art. 12 of the Constitution; and (iii) Central and State Governments proper as employers. As far as first
Determination of entitlement to appointment in case of offences involving moral turpitude, violent activities would depend on nature of offence charged with and result of same. Mere acquittal not sufficient but rather entitlement would depend on whether it was clean acquittal based on total absence of evidence. If acquittal is recorded in a case involving
Held, is applicable to applications preferred under S. 7 IBC once it is shown that all conditions for application of S. 14 of the Limitation Act are satisfied in the facts of the case. The conditions for exclusion of time under S.14 of the Limitation Act are that the earlier proceedings should have been for
In this case, prayer for transfer of case, declined. However, directions on manner of conducting of proceedings were issued. Trial court was directed to conduct proceedings online for effective participation of parties, if facility available. In the event, the petitioner’s presence is necessary; the court shall fix such successive/ consecutive date(s) as may be convenient
Matrimonial Dispute-Civil Procedure Code, 1908 — S. 25 — Transfer of cases Read More »
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