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Cheque Bounce Complaint Cannot Be Transferred As Per Convenience Of Accused: Supreme Court
The Supreme Court observed that a complaint under Section 138 cannot be transferred as per the convenience of the accused.Justice Abhay S. Oka observed thus while dismissing a transfer petition filed by an accused seeking transfer of a cheque bounce complaint.After noticing that the petitioner is a woman and a senior citizen, the judge observed that she can always seek...
Kerala State Machinery Turned Against Gold Smuggling Probe After Role Of CM's Principal Secretary Was Detected : ED To Supreme Court
The Enforcement Directorate has denied the allegation made by the Kerala Government that its plea to transfer the trial of gold smuggling case from the State is "politically motivated".In a rejoinder filed to the Kerala Government's counter affidavit, the ED stated that the transfer of the case from Kerala is necessary and that the petition had been filed on the basis of material facts leading...
Question Whether Cheque Was Issued For A Time Barred Debt Or Not Cannot Be Decided In A Petition Under Section 482 CrPC : Supreme Court
The Supreme Court observed that the question whether the cheque in question had been issued for a time barred debt or not cannot be decided in a petition under Section 482 CrPC.The bench of Justices S. Abdul Nazeer and J B Pardiwala observed that this question is a matter of evidence.In this case, the Punjab and Haryana High Court quashed a complaint under Section 138 of Negotiable...
Supreme Court Seeks Response From Allahabad HC Judge For Dismissing 45 Anticipatory Bail Pleas On Same Day In Same Fashion For Non-Prosecution
The Supreme Court recently took exception to how a Judge of the Allahabad High Court dismissed almost 45 petitions seeking anticipatory bail on a single day, in the same fashion for non-prosecution.In this regard, a Division Bench of Justices Ajay Rastogi and CT Ravikumar has sought a report from the Registrar of the High Court seeking reasons from the concerned High Court Judge for his...
Govt Will Introduce New Drafts For IPC, CrPC In Parliament Soon : Union Home Minister Amit Shah
Union Home Minister Amit Shah on Thursday said that Government will soon introduce new draft bills for the Code of Criminal Procedure and the Indian Penal Code in the Parliament."Regarding the improvements in CrPC and IPC, several suggestions have been received. I'm looking into it in great detail, and several hours daily have been invested into this. We will come with new CrPC, IPC drafts...
All India Tax Cases Half Yearly Digest: January To June 2022
Indirect Tax Supreme Court GST Council Recommendations Not Binding On Centre & States; Both Parliament & State Legislatures Can Legislate On GST : Supreme Court Case Title : Union of India and Anr versus M/s Mohit Minerals Through Director Citation : 2022 LiveLaw (SC) 500 In a significant verdict, the Supreme Court held that the recommendations of the GST council...
Supreme Court To Dismiss Over 1000 Cases Filed Between 2014-2020 If Filing Defects Are Not Cured Within 4 Weeks
The Supreme Court has recently by an order granted a last opportunity to the advocates on record to cure the defects of one thousand odd petitions filed before the apex court. The order stated that the batch of petitions that were filed before the apex court between 2014 to 2020 were sent back to the Advocates on Record for rectification and refiling but the Registry has still not received...
'In The Face Of The Mandate Of Section 37 NDPS Act': Supreme Court Sets Aside Bail Granted To NDPS Accused
The Supreme Court recently set aside the bail granted to two persons accused in an NDPS case."In the face of the mandate of Section 37 of the NDPS Act, the High Court could not and ought not to have released the accused on bail", the bench of CJI UU Lalit and Justice Bela M. Trivedi observed.As per the prosecution case, about 13 kgs of morphine was found in a car which was driven by Md....
All India Arbitration Cases Half Yearly Digest: January To June, 2022
Supreme Court: Arbitration Act - Dispose Sec 11(5) & 11(6) Applications Pending For Over 1 Year Within 6 Months : Supreme Court To High Courts Case Title: M/s Shree Vishnu Constructions versus The Engineer in Chief Military Engineering Service And Ors. Citation: 2022 LiveLaw (SC) 523 The Supreme Court of India has made strong observations emphasising the need for High...
HC Asks Husband To Pay Wife Rs 10 Lakhs For Anticipatory Bail In Dowry Harassment Case; Supreme Court Sets Aside Condition As Unreasonable
The Supreme Court has recently set aside a decision of the Jharkhand High Court to impose a precondition for anticipatory bail that the accused would have to deposit a Demand Draft of Rs. 10 lakhs as ad interim victim compensation in favour of his wife. This appeal arose out of a dowry harassment case in which the complainant had instituted a criminal complaint against her husband before...
Can Condition Of Payment Of Maintenance Be Imposed While Granting Anticipatory Bail? Supreme Court Issues Notice
Can a Court impose a condition of payment of maintenance while granting anticipatory bail ? The Supreme Court recently issued notice in a special leave petition that raises this question.In this case, a complaint was filed against the accused by the wife under Sections 323, 379 and 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Apprehending arrest, the...
