The Feasibility Of A Police Officer Independently Obtaining The Specimen Signatures And Handwritings Of An Accused Person During The Stage Of Investigation

C O N T E N T SI N N E R T I T L E SPARA NOIntroduction1Mode Of Proving Signature And Handwriting2Police Officer's Authority, if any, to take specimen writings under the old law3Power of the Court under Section 73 of IEA to take specimen signatures and handwriting 4The deadlock directed to be cleared Comparative table – S.311 A Cr.P.C./S.349 BNSS NOTES BY THE AUTHOR555I.P....

IBC | Difference Between 'Avoidance Transactions' & 'Fraudulent Or Wrongful Trading' : Supreme Court Explains

The Supreme Court, in its recent decision in Piramal Capital and Housing Finance Ltd v. 63 Moons Technology explained the key difference between how the Insolvency and Bankruptcy Code 2016 deals with avoidance transactions and transactions relating to fraudulent or wrongful trading. Notably, under the IBC 2016, 'avoidance transactions' are specific transactions conducted by a corporate...

When Can Entire Selection Process Be Set Aside For Irregularities? Supreme Court Lays Down 4 Key Principles

The Supreme Court today (April 3), while upholding the quashing of nearly 25000 teaching and non-teaching staff appointments made by the West Bengal School Selection Commission (SSC) in 2016, laid down key principles to be considered by the Court when dealing with challenges to appointments in government employment. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar observed 4...

Difference Between FIR Registration Provisions Under S. 154 CrPC & S. 173 BNSS: Supreme Court Explains

The Supreme Court recently explained the difference between the provisions governing the registration of a First Information Report (FIR) and the conduct of preliminary inquiry under CrPC and its replacement Bharatiya Nagarik Suraksha Sanhita.The Court observed that while Section 173(1) of BNSS is substantially similar to Section 154 CrPC regarding the recording of information, the...

Know The Law | Distinction Between Gift/Settlement Deed & Will : Supreme Court Explains

The Supreme Court recently explained the distinction between the gift deed, settlement deed, and Will. The Court said that a gift is a voluntary transfer made without consideration, requiring acceptance during the donor's lifetime. Moreover, registration is mandatory for immovable property, but having possession is not mandatory to qualify as a gift when the donee accepts the...

Explained | Can FIR Be Registered Against A Sitting Judge? What Is In-House Enquiry Procedure On Complaint Against Judge?

Reports regarding the alleged recovery of unaccounted money from the residence of Justice Yashwant Verma of the Delhi High Court have sent shock waves across the legal fraternity.While it is understood that the Supreme Court Collegium is considering a proposal to transfer Justice Verma and that the Delhi HC CJ is enquiring into the matter, several concerns are being raised, quite rightly, by...

S.106 Evidence Act Must Be Applied With Care, Can't Be Used To Make Up Prosecution's Inability : Supreme Court Explains Principles

The Supreme Court has reiterated that Section 106 of the Indian Evidence Act, 1872 cannot be applied in criminal cases unless the prosecution succeeds in establishing a prima facie case. As per Section 106 of the Evidence Act, the burden of proof of proving things which are in the special knowledge of a person is on that person. If a fact is within the special knowledge of the accused, then...

Difference Between 'Common Intention' (S.34 IPC) & 'Common Object' (S.149 IPC) : Supreme Court Explains With Illustrations

The Supreme Court recently clarified the distinction between Sections 34 (common intention) and 149 (common object) of the Indian Penal Code, 1860 (IPC). It ruled that Section 34 requires active participation, emphasizing an individual's intention as a crucial factor. In contrast, under Section 149, a person can be held guilty solely for being part of an unlawful assembly with a common object...

26 Principles Relating To Compassionate Appointment : Supreme Court Explains

In a recent judgment, the Supreme Court (bench of Justice Dipankar Datta and Justice PK Mishra) summarised the principles relating to compassionate appointment.a) Appointment on compassionate ground, which is offered on humanitarian grounds, is an exception to the rule of equality in the matter of public employment [see General Manager, State Bank of India v Anju Jain (2008) 8 SCC...

Order XXII Rule 4 CPC | Supreme Court Explains Correct Procedure To File Applications To Substitute Legal Heirs, Set Aside Abatement & Condone Delay

The Supreme Court has issued a clarification regarding the substitution of legal heirs in ongoing litigation, addressing a frequent procedural misstep by lawyers. The Court emphasized the crucial distinction between abatement of a suit or appeal and the process of setting aside that abatement, particularly in cases where substitution applications are filed beyond the initial 90-day...

Know The Law | Banks' Liability When Customers Lose Money Due To Unauthorised Transactions

While upholding State Bank of India's liability for a fraudulent and unauthorized transaction reported in a customer's bank account, the Supreme Court recently observed that banks cannot shy away from the responsibility to safeguard their customers from unauthorized transactions reported from their accounts.The order was passed in the case of a customer who indulged in online shopping and...

Know The Law | When Can Part Performance Of Contract Be Allowed As Per Section 12(3) Specific Relief Act?

The Supreme Court ruled that part performance of the contract under Section 12(3) of the Specific Relief Act, 1963 (“SRA”) cannot be claimed when the unperformed portion is substantial and non-segregable, and the plaintiff neither relinquishes claims for the unperformed part or damages nor shows readiness to perform the contract. As per Section 12(3) of the SRA, for claiming a...