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“There is a clear distinction between the Avoidance Applications that may be filed by the Resolution Professional in view of Section 25(2)(j), for avoidance of transactions in accordance with Chapter III of the IBC, and the applications that may be filed in respect of the fraudulent trading or wrongful trading under Section 66, which falls under Chapter VI of the IBC.”
by Hiresh Choudhary* and Surbhi Sharma**
The High Court unfortunately reversed the acquittal without anything other than a finding on alibi having not been proved and the accused not having offered any explanation regarding the death of the deceased, which occurred while they were living together.
by Aseem Chaturvedi*, Arpit Kumar Singh**, Siddhant Kumar*** and Amaan Khan****
“Despite the factual background and the credible evidence indicating irregularities, WBSSC initially did try and cover up the lapses and illegalities. The cover up itself has made the verification and ascertainment more difficult or rather impossible given the scale of camouflage and dressing up done at each stage. We are convinced that the entire selection process was intentionally compromised due to the illegalities involved.”
He also serves as Government Counsel for the States of Maharashtra and Madhya Pradesh before the Supreme Court.
“Even if the litigants do not understand what is in their best interest, it is the duty of the Court to deliver substantial justice.”
“Finding that the driver was not cautious is one thing and finding negligence is quite another thing. Prima facie, the negligence was on the trailer driver as discernible from the evidence recorded before the Tribunal; standard of proof required being preponderance of probability”.
Counsel for the appellant argued that allegations in the FIR do not constitute any offence. If any averment made in the written statement or the affidavit filed before the Civil Court is incorrect or false, it is for the Civil Court to decide the same.
Supreme Court found no logic or rationale behind excluding candidates holding Master’s or Doctorate degrees in these subjects from claiming the post of FSO, as such an interpretation would have been unjust, arbitrary, and unconstitutional.
“Merely because the witnesses are relatives of the deceased, and as such are interested witnesses, that alone cannot be a ground to discard their testimony. The only requirement is that the testimony of such witnesses has to be scrutinized with greater caution and circumspection.”
“Considering the pendency of very old criminal appeals, priority is usually given to the hearing of the appeals where the accused are in prison. The appeals against conviction where the accused are on bail take a backseat”.
“There was no promise of marriage to coerce consent from the complainant for sexual intercourse.”
“Prima facie, even after the proposal to pay Rs. 50 lakhs to the family of the deceased were approved by the Chief Secretary, this decision has not been honored, and the family has been engaged in litigation for over nine years.”
“In cases of group clashes where a large number of persons are involved, an onerous duty is cast upon the Courts to ensure that no innocent bystander is convicted and deprived of his liberty.”
The Court also refused to issue a blanket direction restraining the registration of FIRs against him or mandating a preliminary inquiry in all future cases involving him, opining that such a direction would not only be contrary to the statutory framework of the CrPC but would also amount to judicial overreach.
“Our country has done wonders in digital payment transactions. It is a matter of common knowledge that now under various schemes of the Government, funds are transferred to the beneficiaries directly in their bank accounts. As per the rough estimate, about 80% of the adult population in the country have bank accounts.”
Chief Justice of Delhi High Court Devendra Kumar Upadhyaya has been directed to not assign any judicial work to Justice Yashwant Varma.