Summons under S. 319 CrPC
Case BriefsSupreme Court

“The Trial Court can take such a step to add such persons as accused only on the basis of evidence adduced before it and not on the basis of materials available in the chargesheet or the case diary, because such materials contained in the chargesheet, or the case diary do not constitute evidence.”

Gauhati HC Permanent Judges
Appointments & TransfersNews

The Collegium recommended the names of 2 Additional Judges to be appointed as Permanent Judges.

Modesty of woman under S. 354 IPC
Case BriefsSupreme Court

“For mens rea to be established, something better than vague statements must be produced before the Court.”

State Govt.’s content by CBI
Case BriefsSupreme Court

“The ‘laws’ applicable to the undivided State of Andhra Pradesh would continue to apply to the new States, namely, the State of Telangana and the State of Andhra Pradesh despite the bifurcation of the erstwhile State of Andhra Pradesh till such time they were altered, repealed or amended.”

Asaram Bapu bail
Hot Off The PressNews

The interim bail has been granted till 31-03-2025.

CIRP Proceedings under IBC
Case BriefsSupreme Court

“The IBC is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. Adherence of protocols and procedures maintains legal discipline and preserves the balance between the need for order and the quest for justice.”

Supreme Court quashes gift deed
Case BriefsSupreme Court

Supreme Court reiterated that it is a social obligation for both sons and daughters to maintain their parents when they are unable to do so.

Quash proceedings under Art. 226
Case BriefsSupreme Court

“The High Court could exercise its power of judicial review in criminal matters and it could exercise this power either under Article 226 of the Constitution or under Section 482 of the CrPC to prevent abuse of the process of the Court or to secure the ends of justice. The exercise of that power would depend upon the facts and circumstances of each case.”

Limitation for filing S. 17 application
Case BriefsSupreme Court

Supreme Court said that allowing a party, already aware of the award, to delay proceedings by insisting on procedural formalities would frustrate the expeditious resolution of disputes, undermining the very purpose of the Arbitration Act.

Embargo on bail under MCOCA
Case BriefsSupreme Court

“When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, the power to grant bail should necessarily be subject to satisfaction of the conditions mentioned in such specific provision.”

vital facts in FIR
Case BriefsSupreme Court

“A written complaint by a public servant before the Court takes cognizance is sine qua non, absence of which would vitiate such cognizance being taken for any offence punishable under Section 186 of the IPC.”

Taxing expenses incurred by service recipient
Experts CornerTarun Jain (Tax Practitioner)

by Tarun Jain*

Reliance Infratel Financial Creditors
Case BriefsSupreme Court

Noting that hypothecation means the process of using an asset as collateral for a loan. It acts as a protection to the lender when the borrower does not repay the loan, the Supreme Court highlighted that the name of the document is not a decisive factor. Only because the title of the document contains the word hypothecation, it cannot be concluded that guarantee is not a part of this document.

Conditioned gift
Case BriefsSupreme Court

“Although Section 127 of TPA permits an onerous gift but a gift which is conditioned upon perpetual rendering of services without any remuneration would amount to a “begar” or forced labour, even slavery and therefore it is not just wrong or illegal but even unconstitutional, being violative of fundamental rights of the donees.”

Eviction proceedings before Inquiry Officer
Case BriefsSupreme Court

In the impugned decision, the High Court framed points for the Inquiry Officer to determine the matter and laid down the procedure, the Court held that the High Court overstepped its limits and took unto itself a duty which the Act entrusts the statutory authority to exercise.

Abetment of suicide
Case BriefsSupreme Court

“There must be a close proximity between the positive act of instigation by the accused person and the commission of suicide by the victim.”

S. 498-A of IPC against in-laws
Case BriefsSupreme Court

“Cruelty is not enough to constitute offence under S. 498-A IPC, it must be done with the intention to cause grave injury or drive victim to commit suicide or inflict grave injury to herself.”

Quash FIR under PC Act
Case BriefsSupreme Court

SBI suffered losses of Rs. 6.13 Crores approximately, causing a substantial injury to the public exchequer and consequently, hampering the public interest…“Economic offences affect the economy of the country as a whole and pose a serious threat to the financial health of the country. If such offences are viewed lightly, the confidence and trust of the public will be shaken.”

Financial independence in alimony
Case BriefsSupreme Court

A sum of Rs. 50 Lakhs has also been awarded to the daughter, in line with the principles of safeguarding the interests of children suffering under distress of such prolonged matrimonial disputes between the parents.

Plea of alibi
Case BriefsSupreme Court

The absence of any explanation or defense from the convict, coupled with the surrounding circumstances that pointed to his culpability, led the Supreme Court to conclude that the only plausible inference was that the convict had participated in the commission of the crime.