Supreme Court: Condonation of Delay | Ordinarily a litigant does not stand to benefit by lodging an appeal late.
Ordinarily a litigant does not stand to benefit by lodging an appeal late.
Supreme Court: Negotiable Instruments Act, 1881; Section 143A(1) – Where a cheque is dishonoured, the interim compensation can be directed to be paid only after the accused has pleaded not guilty
Section 143A(1) – Where a cheque is dishonoured, the interim compensation can be directed to be paid only after the accused has pleaded not guilty
Presumption Under Section 139 NI Act Includes A Presumption That There Exists A Legally Enforceable Debt Or Liability: Supreme Court.
The Supreme Court reiterated that the presumption under section 139 of Negotiable Instruments Act includes a presumption that there exists a legally enforceable debt or liability. In this case, the trial court dismissed a cheque bounce complaint on the ground that the complainant was not able to adduce sufficient evidence that he was in a
Execution Petitions must be disposed of within six months; courts must eb record reasons if unable to: Supreme Court
The Supreme Court reiterated that the execution petitions must be disposed within six months from the date of filing. The Execution Court is duty bound to record reasons in writing when it is unable to dispose of the matter, the bench of Justices KM Joseph and Hrishikesh Roy said. In Rahul S. Shah, a three
Section 439(2) Cr.P.C.- Bail cannot be cancelled merely for any perceived indiscipline by accused before granting Bail: Supreme Court
The Supreme Court observed that cancellation of bail cannot be ordered merely for any perceived indiscipline on the part of the accused before granting bail. “The powers of cancellation of bail cannot be approached as if of disciplinary proceedings against the accused”, the bench of Justices Dinesh Maheswari and Sudhanshu Dhulia observed. It added that
Victim U/S 2 (wa) Cr.P.C includes Legal Heirs Who May Continue Criminal Case If Victim Dies: Karnataka High Court
The Karnataka High Court has said that the word ‘victim’ under section 2(wa) of Cr.P.C would include his or her legal heirs and they would have the locus to continue the criminal case in case of victim’s death, before Police files the charge sheet. A single judge bench of Justice M Nagaprasanna said, ‘A victim
The Supreme Court Orders Release Of All Convicts In Rajiv Gandhi Assassination Case
The Supreme Court on Friday ordered the premature release of all six convicts in the Rajiv Gandhi assassination case convicts. The Court ordered the release of convicts Nalini Srihar, Robert Pais, Ravichandran, Suthenthira Raja @ Santhan, Shriharan @ Murugan and Jaikumar. ‘The appellants are directed to be set at liberty if not required in any
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Release of seized vehicle U/S 451 of Cr.P.C. cannot be refused citing identification issues, Police may photograph the vehicle: Karnataka High Court.
The Karnataka High Court has said that a Trial a court rejecting an application made under section 451 and 457 of Criminal Procedure Code, for release of a vehicle seized in a criminal case, by owner, on the ground of identification of vehicle during trial is not correct. A single judge bench of Justice K.
POSCO Act Means to protect Minors From sexual Abuse Not Criminalize Consensual romantic relationship Of young Adults: Delhi HC
The Delhi Court has said that intentions of the Protection of children from sexual Offence (POSCO) Act was a to protect Children from sexual; abuse and not criminalise consensual romantic relationship of young adults. Justice jasmeet Singh made the observation in a an order granting bail to an accused in a case registered under sections
HC Quashes FIR Against Lawyer Accused of Throwing Bottle on Law Intern. If the offense is merely a civil matter, offenses arising from commercial transactions, where the wrong is personal in nature and parties have resolved their dispute, the proceedings may be quashed: HC of Karnataka
Recently, the Karnataka HC stated that FIR could be quashed when offences arise from commercial transactions and the parties have resolved their dispute. The bench of Justice K. Nataranjan was dealing with the petition to quash the FIR registered for the offence punishable under section 324, 341, 354,506,509 of IPC and 67 of IT Act.
