The Competition (Amendment) Act, 2023: A Game Changer for Mergers and Acquisitions
by Aayushi Singh† and Pavitra Dubey††
Evidence Act
Last seen evidence does not lead to irrevocable conclusion without complete chain of evidence establishing guilt; SC acquits convict in a 23-year-old murder case
The Court said that the prosecution failed to prove the case beyond reasonable doubt and the case did not pass the standard required in a case of circumstantial evidence.
Suggestions to witness by defence and reply to the same forms part of evidence to determine guilt of accused; SC upholds conviction in murder case
Supreme Court was quick to clarify that if prosecution was unable to prove its case on its own legs, then it won’t be able to derive advantage from the weakness of the defence and the Court would not be able to convict the accused on the strength of the evidence in the form of reply to the suggestions made by the defence counsel to a witness.
28 years later, Supreme Court sets aside death penalty of man, after finding him juvenile during the commission of multiple murders
Supreme Court said that the degree or dimension of the offence should not be the direct approach of the Court in its inquiry into juvenility of an accused or convict.
Supreme Court emphasises on Appellate Courts’ limited scope in remanding back the matter for a de novo trial
The remand in the present case could only be correlated with Rule 23-A of Order XLI CPC and for its applicability, the necessary requirements were that “the decree is reversed in appeal and a re-trial is considered necessary”, thus, the Supreme Court held that the remand in the present case was not justified.
‘Great risk involved in witnesses evidence based on pure memory’; Ingredients of Section 50 of Evidence Act not satisfied: Jharkhand High Court
While dealing with an appeal in a Title suit for partition, Jharkhand High Court considered the admissibility of disputed relationship of a mother and son through witnesses lacking ‘special means of knowledge’ as required under Section 50 of the Evidence Act, 1872.
Defendants cannot be dispossessed unless the plaintiff has established a better title and rights over the property, Supreme Court reiterates
The Supreme Court observed that the defendants, being in possession, would be entitled to protect and save their possession, unless the person who seeks to dispossess them has a better legal right in the form of ownership or entitlement to possession.
2023 SCC Vol. 1 Part 1
Arbitration and Conciliation Act, 1996 — S. 33 — Power of modification of award under — Scope of: Award can be modified
2022 SCC Vol. 10 Part 2
Arbitration and Conciliation Act, 1996 — Ss. 14(1)(a) and 2(1)(e) r/w Ss. 11(5) and 11(6) — Application seeking termination of
2022 SCC Vol. 8 Part 3
Civil Procedure Code, 1908 — Or. 7 R. 11(d) and Or. 14 R. 2: Limitation as a ground for rejecting
2022 SCC Vol. 7 Part 4
Constitution of India — Arts. 300-A and 31 — Expropriation of private property by State — Compensation — Entitlement: State
Madhya Pradesh High Court | ‘Violation of individual privacy’; Request for DNA test denied in property dispute
Madhya Pradesh High Court: G.S. Ahluwalia, J. dismissed a petition which was filed against the order passed by Twelfth Civil
Guj HC | Admission of co-accused cannot be sole base to convict any person; application dismissed
Gujarat High Court: B.N. Karia, J. rejected an application under Section 397 read with Section 401 of the Code of Criminal Procedure,
Liability of Guarantor for Cheque Dishonour: Can lender enforce his right against either principal borrower or his guarantor? Dwarka Courts answers
Dwarka Courts, Delhi: Rahul Jain, Metropolitan Magistrate, while addressing a matter regarding dishonour of cheque, held that mere assertion of non-receipt of
Injuries found on person of deceased who was more than 6 months pregnant, but MM ignored postmortem report: Will onus be on husband to offer an explanation under S. 104 Evidence Act? Read to know
Delhi High Court: Asha Menon, J., while setting aside the conclusion of the Metropolitan Magistrate and upholding the intervention by Sessions Court
Person being the highest bidder deposits sale amount for auction property and obtains injunction against Municipality; SC declares the sale non-est for lacking government sanction
Supreme Court: The Division Bench comprising of Hemant Gupta* and V. Ramasubramanian, JJ., reversed concurrent findings of Trial Court and Punjab and
Minor seeks maintenance but issue of her paternity is in question: Will J&K and Ladakh HC grant maintenance amidst the dispute? Read full report
Jammu and Kashmir and Ladakh High Court, Srinagar: Sanjay Dhar, J., addressed a matter with regard to providing maintenance to a minor
P&H HC | S. 65-B (4) of the Evidence Act does not mention the stage of furnishing the certificate for admissibility; Court directs to give voice sample
Punjab and Haryana High Court: Avneesh Jhingan, J., entertained a petition under Section 482 CrPC where the petitioner was aggrieved by the
Conviction can be based on Testimony of Child Witness: Is it obligatory for a Judge to ask the child whether he/she is able to understand questions put to her? Bom HC [Full Story]
Bombay High Court: Anuja Prabhudessai, J., opined that where the witness is of tender age (as in the instant case before the