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In the Consumer Protection Act, 2019, a body corporate was brought within the definition of ‘person’, indicating that the legislature realized the incongruity in the unamended provision and rectified the anomaly by including the word ‘company’ in the definition of ‘person’.
“For attracting the provision of Section 420 of the IPC, the FIR/complaint must show that the ingredients of Section 415 of the IPC are made out.”
by Tarun Jain*
Cite as: 2024 SCC OnLine Blog Exp 27
It was alleged that a cartel was formed by violating provisions and the spirit of liquor policy, and all the conspirators had played an active role, causing huge losses to the Government exchequer and undue pecuniary benefits to the public servants.
Supreme Court: In a criminal appeal filed against the order passed by the Karnataka High Court, wherein the Court allowed the petition
India Today in a sting operation had disclosed that certain lawmakers from Karnataka were bribed in exchange for votes.
“If the word ‘may’ is read as ‘shall’, it will have drastic consequences, as in every complaint under Section 138, the accused will have to pay interim compensation up to 20 per cent of the cheque amount and such an interpretation will be unjust and contrary to the well-settled concept of fairness and justice, exposing the provision to the vice of manifest arbitrariness.”
“There is a ‘Tehkhana’ in the southern side of the Gyanvapi Mosque which is the principal seat of hereditary pujari of Vyas family from time immemorial. Thus, a suit was filed seeking relief of declaration, injunction for the property in dispute alleged as ‘Vyas Ji Tehkhana’.”
The Madhya Pradesh High Court on plea by Hindu Front for Justice, had directed for complete scientific investigation, survey and excavation of the Bhojshala complex.
“The Court took suo- motu cognizance of the matter and had sought a report from the District Judge and directed for the preservation of the CCTV footage in safe custody.”
“If we were to issue interim mandatory injunction in such like cases, it might set a bad precedent in law that would enable the States to flout fiscal policies and still successfully claim additional borrowings.”
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on rights/powers/duties of a Karta in relation to joint family property.
Supreme Court said that when there is a reference in the second contract to the terms and conditions of the first contract, the arbitration clause would not ipso facto be applicable to the second contract unless there is a specific mention/reference thereto.
Supreme Court upheld the High Court’s decision and emphasised the need for early enforcement of the foreign award by the competent forum.
Supreme Court highlighted that the fact of accused being a child in conflict with law was known to the Investigating Officer, prosecution as well as the Trial Court from the very inception of proceedings.
The Rajasthan High Court had dismissed the petitioners’ second bail application on 12-07-2023.
“The grant of a pre-trial injunction against the publication of an article may have severe ramifications on the right to freedom of speech of the author and the public’s right to know.”.
Supreme Court quashed and set aside the condition imposed by the Orissa High Court restricting involvement in political activities.
Supreme Court questioned the haste shown by the Central Govt issuing impugned notification during nationwide lockdown and held the inclusion of item 6 to be illegal.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on damages for non-delivery of goods.