Know the Law
Petition U/s 482 CrPC Filed By A Person Unconnected With Proceedings Cannot Be Ordinarily Entertained By High Court: Supreme Court
An application under Section 482 of the Code of Criminal Procedure filed by a person who is in no way connected with the criminal proceeding or criminal trial cannot ordinarily be entertained by the High Court, the Supreme Court has observed.In this case, Sanjai Tewari was accused of various offences under Indian Penal Code and Prevention of Corruption Act. Allowing an application filed by...
Expression 'Existence Of Arbitration Agreement' In Section 11 Of Arbitration Act Includes Aspect Of Validity Of Agreement : Supreme Court
The Supreme Court has held that the expression 'existence of arbitration agreement' in Section 11 of the Arbitration Act would include the aspect of validity of arbitration agreement.A three-judge bench of the Court also explained that at the stages of Sections 8 and 11 of the Act, the Courts should undertake a prima facie examination of the validity of the arbitration agreement."Existence and...
Landlord-Tenant Disputes Under Transfer Of Property Act Arbitrable Except When Covered By Rent Control Laws : Supreme Court
The judgment on arbitration law decides several issues such as tests for arbitrability, who determines arbitrability, scope of enquiry under Sections 8/11, meaning of 'existence of arbitration agreement' etc.
Charge Under Section 149 IPC Can Be Altered To Section 34 IPC If Common Intention Among Accused Is Proved : Supreme Court
The Supreme Court has held that it is permissible to alter a charge under Section 149 of the Indian Penal Code(IPC) to a charge under Section 34 IPC if the facts prove that the crime has been committed in furtherance of a common intention.Section 149 IPC provides for vicarious liability of members of an unlawful assembly for the crime committed by any member of the assembly in furtherance of...
Acceptance Of Gift Can Be Inferred By Implied Conduct Of Donee: Supreme Court
The Supreme Court has observed that acceptance of a gift can be inferred by the implied conduct of the donee.Such inference can be ascertained from the surrounding circumstances such as taking into possession the property by the donee or by being in the possession of the gift deed itself, the bench comprising Justices NV Ramana, S. Abdul Nazeer and Surya Kant observed.In this case,...
Dowry Death - No Conviction Under Section 304B IPC If Unnatural Death Is Not Established : Supreme Court
The Supreme Court has held that the offence of dowry death under Section 304B of the Indian Penal Code cannot be made out if the cause of death has not been established as unnatural.The Court also held that it has to be shown that the deceased wife was subjected to cruelty or harassment in connection with demand for dowry soon before her death.Holding that these factors were not established,...
Application Of Limitation Act To Resolution Process Under Insolvency & Bankruptcy Code
The liquidity in the Indian banking sector has seen a drastic plunge due to the threat of increasing non-performing assets ('NPAs'). The enactment of the Insolvency and Bankruptcy Code, 2016 ('IBC'/ 'Code') put a fresh lease of life for resolution of stressed assets. However, there has been some conflicting views in the manner in which the Limitation Act, 1963 ('LA') could be...
Arbitration : Court Reckoner October 2020
By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of October 2020 under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act'). That while as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out. That...
No Limitation Period For Divorced Wife To Claim Property Entrusted With Husband : Kerala High Court FB
A full bench of the Kerala High Court has held that even after the dissolution of the marriage, the husband will be deemed to hold in trust the properties entrusted with him by the wife before marriage in the form of dowry.This means that Section 10 of the Limitation Act 1963, which exempts the application of limitation period to suit against trusts and trustees, will continue to apply to...