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Process For IBC Offences To Be Issued By Sessions Court Despite Companies Act Amendment Vesting Jurisdiction On Judicial Magistrate: Supreme Court
Observing that the offences committed under the Insolvency and Bankruptcy Code, 2016 (“IBC”) would be tried by the Special Court established under Section 435 of the Companies Act, 2013 and the sessions judge would have the power to issue process against the accused, the Supreme Court on Friday (April 19) upheld the issuance of process by the sessions judge to the accused.The Court...
The Complete Supreme Court Annual Digest- 2023 [Part-VIII]
Criminal Law High Courts while exercising Section 482 Cr.P.C. power legally bound to see if accusations constitute any offence. Abhishek Saxena v. State of Uttar Pradesh, 2023 LiveLaw (SC) 1072 No adverse inference against prosecution merely because witnesses are withheld. Maheshwari Yadav v. State of Bihar, 2023 LiveLaw (SC) 1063 Delay in filing fir not satisfactorily...
Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]
Citations 2024 LiveLaw (SC) 240 to 2024 LiveLaw (SC) 255Arbitration and Conciliation Act 1996Arbitration and Conciliation Act 1996; Section 78(5) – Arbitration clause – Two-Contract Case – When the parties enter into a contract, making a general reference to another contract, such general reference would not have the effect of incorporating the arbitration clause from the referred...
To Prove S.27 Evidence Act Statement, Investigating Officer Must Narrate What Accused Stated; Merely Exhibiting Memorandum Not Enough : Supreme Court
In a notable judgment, the Supreme Court has discussed how to prove a disclosure statement made by an accused under Section 27 of the Indian Evidence Act.The Court noted that the statement of an accused recorded by a police officer under Section 27 of the Evidence Act is basically a "memorandum of confession" of the accused recorded by the Investigating Officer during interrogation which has...
Liquor Policy: Delhi Court Reserves Order On Manish Sisodia's Bail Pleas In CBI, ED Cases
A Delhi Court on Saturday reserved an order on the second regular bail plea filed by Former Deputy Chief Minister of Delhi and Aam Aadmi Party leader Manish Sisodia in the money laundering and corruption cases connected to the liquor policy case.Sisodia is presently in judicial custody in both cases.Special judge Kaveri Baweja of Rouse Avenue Courts reserved the verdict after hearing...
Explainer | Appeal On Ground Of Religion & Use Of Religious Symbols For Votes As 'Corrupt Practice' Under RP Act
In this election season, all voters need to understand how the law prohibits the appeal to votes on the ground of religion and the use of religious symbols in elections.Section 123 of the Representation of the People Act, 1951 specifies the acts which are deemed to be "corrupt practices" in elections. Sub-sections (3) and (3A) are relevant for the purposes of this article.Section 123(3) reads...
Supreme Court Permits Withdrawal Of Plea Seeking Regulation Of Inappropriate Content On OTT Platforms, Asks Litigant To First Approach Govt
The Supreme Court today permitted withdrawal of a plea seeking regulation of inappropriate content on over-the-top (OTT) platforms, while granting liberty to the petitioner to make a representation to the Union of India.The Bench of Justices BR Gavai and Sandeep Mehta passed the order on the petition filed in public interest, challenging the publication of inappropriate content on OTT...
Supreme Court Stays Himachal Pradesh HC Order Refusing Recall Of Transfer Directions Against Kangra SP
The Supreme Court on Friday (April 19) stayed the order of the Himachal Pradesh High Court which directed the transfer of Superintendent of Police (SP), Kangra District. The High Court in the impugned order refused to recall its earlier directions on transferring Kangra SP Shalini Agnihotri and DGP Sanjay Kundu. The Supreme Court bench comprising CJI DY Chandrachud and Justice JB Pardiwala...
'This Is A Scam' : Supreme Court Suprised At Gujarat APMC Allowing 5-Star Hotel On Land Meant For Agriculture Market Yard
The Supreme Court on Friday (April 19) declined to interfere with the order passed by the Gujarat High Court directing the Agricultural Produce Market Committee (APMC), Surat to auction the land allegedly misappropriated for the construction and running of a 5-star hotel. The Supreme Court observed that the High Court was correct in directing such an auction for the land allotted to be...
If Magistrate Takes Cognizance Of Additional Materials Along With Protest Petition, Case Has To Proceed As Private Complaint : Supreme Court
The Supreme Court held that if the Magistrate takes cognizance of the offence and issues summons to an accused by recording satisfaction based on the additional evidence produced by way of a protest petition filed by the informant, then such a protest petition ought to be treated as a private complaint case under Section 200 of the Code of Criminal Procedure.Reversing the findings of the...
In Urgent Sitting, Supreme Court Directs Medical Examination Of Minor Seeking Abortion Of 28-Week Pregnancy From Sexual Assault
The Supreme Court today, in an urgent hearing, ordered a medical examination of a 14-year-old minor seeking termination of a 28-week pregnancy caused by sexual assault. The bench led by CJI Chandrachud, in a post-4 PM hearing, has directed the medical examination of the minor at Sion Hospital, Maharashtra to be conducted tomorrow (April 20). The medical examination has been directed to...
Jalgaon Mosque Dispute : Supreme Court Directs Municipal Council To Keep Main Entrance Key, Allows Opening Of Back Gate For Namaz
Today (April 19), the Supreme Court ordered that the keys to a mosque in Erandol Taluka, Jalgaon, will remain with the municipal council. While ordering thus, the bench of Bench of Justices Surya Kant and K.V Vishwanathan disposed of an appeal preferred by the Jumma Masjid Trust Committee against the Bombay High Court's order directing it to return the keys of the Jalgaon mosque to the council...