India Columns

'At Any previous stage' under Section 245(2) CrPC denotes the stage from which Magistrate takes Cognizance: Madras HC

Date: Nov 11, 2022

Case Title: The Assistant Commissioner of Customs v. S Ganesan   The Madras High Court recently noted that the phrase "at any previous stage" used in the provision would refer to the stage from when...

Every homebuyer is bound by the class decision of homebuyers: NCLAT

Date: Nov 11, 2022

Case Title: Sandeep Kumar Jain v. Anil Tayal The National Company Law Appellate Tribunal, adjudicating in the case held that a single homebuyer is compelled to comply with the decision of homebuyers...

The High Court may use its inherent authority under Section 482 CrPC to order an additional investigation or even reinvestigation in the right circumstances: Supreme Court

Date: Nov 11, 2022

Case Title: Devendra Nath Singh v. State of Bihar In this case, the High Court ordered the Magistrate to instruct the police to further investigate the case in accordance with Section 173(8) CrPC...

Distinguishing Mortgage by Conditional Sale and Agreements of Sale in Indian Property Law

Date: Nov 11, 2022

Distinguishing Mortgage by Conditional Sale and Agreements of Sale in Indian Property Law Introduction The legal characterisation of transactions involving immovable property often pivots on whether...

An Intra-Court appeal does not lie against all Interim Orders: Supreme Court

Date: Nov 11, 2022

Case Title: Owners And Parties Interested In The Vessel M.v. Polaris Galaxy V. Banque Cantonale De Geneve The Supreme Court stated that a court order adding a party to an admiralty case does not give...

Rejection of Ballot Paper under Indian Electoral Jurisprudence: Normative Foundations and Judicial Elaboration

Date: Nov 11, 2022

Rejection of Ballot Paper under Indian Electoral Jurisprudence: Normative Foundations and Judicial Elaboration 1. Introduction The sanctity of the ballot is the cornerstone of Indian democracy. Yet,...

No bar in taking on record a counterclaim filed long after filing of the written statement but before framing of issues: Supreme Court

Date: Nov 10, 2022

Case Title: Mahesh Govindji Trivedi V. Bakul Maganlal Vyas   The Supreme Court stated that there is no prohibition against recording a counterclaim that is submitted far later than a written...

Supreme Court directs Andhra Pradesh to transfer to Jharkhand, CST collected from Tata Motors with respect to the sale to APSRTC

Date: Nov 10, 2022

Case Title: Tata Motors Limited v. Central Sales Tax Appellate Authority & Others The amount of central sales tax submitted by Tata Motors with regard to the sale of buses to the Andhra Pradesh State...

Only employees and not probationers are allowed provisions of GAIL Service Rules: Delhi High Court

Date: Nov 10, 2022

Case Title: Paras Khuttan v. GAIL India Ltd. & Anr The court made the comment in a decision permitting a probationer's appeal. The General Terms and Conditions of Service Rules that apply to workers...

A notice stating the right to initiate arbitration is not a notice under Section 21 of the A&C Act: Delhi High Court

Date: Nov 10, 2022

Case Title:  Shriram Transport Finance Co. Ltd. v. Narender Singh According to the Delhi High Court, a notice that a party issues merely stating its right to begin arbitral proceedings, which it...

Re-energising the Negotiable Instruments Act, 1881: Doctrinal Evolution and Contemporary Challenges

Date: Nov 10, 2022

Re-energising the Negotiable Instruments Act, 1881: Doctrinal Evolution and Contemporary Challenges 1. Introduction The Negotiable Instruments Act, 1881 (“NIA”) is the cornerstone of India’s...

Subjecting citizens to Police scrutiny, verification of personal documents without any reason is a serious invasion of the right to privacy: Delhi HC

Date: Nov 10, 2022

Case Title:  Jindal Kumar V. The State (Govt. of NCT of Delhi) & Anr. The Delhi High Court noted that it would be a major violation of a citizen's right to privacy to submit him to police...

Accused deliberately avoiding arrest or summons or when he fails to appear in court despite the issuing of non-bailable warrants: the Delhi High Court emphasized the need for a lookout circular (LOC)

Date: Nov 10, 2022

Case Title: Mohd Kashif V. Union of India and Ors The Court observed that, "An LOC is a coercive measure to ensure that a person surrenders and interferes with petitioner's right of personal liberty...

Presenting a cheque for the full amount without endorsing a borrower's partial payment is not illegal under Section 138 of the NI Act: Supreme Court

Date: Nov 10, 2022

Case Title: Dashratbhai Trikambhai Patel v. Hitesh Mahendrabhai Patel and others The Supreme Court stated that if a cheque is presented for the full amount without endorsing the partial payment made...

Lost Negotiable Instruments in India

Date: Nov 10, 2022

Navigating the Legal Recourse for Lost Negotiable Instruments in India: Statutory Framework and Judicial Precedents Introduction Negotiable instruments, such as promissory notes, bills of exchange,...

A distinction has to be drawn between wrong orders passed by judicial officers in the discharge of their judicial function and other conduct: Kerala HC

Date: Nov 10, 2022

Case Title: S. Krishnakumar v. State of Kerala & Ors The Kerala High Court overturned the decision to transfer Kozhikode Principal District & Sessions Judge S. Krishnakumar, who made the...

Information Memorandum by Resolution Professional shall incorporate belated claims of homebuyers if reflected in the records of the corporate debtor: NCLAT

Date: Nov 10, 2022

Case Title: Puneet Kaur v. K.V. Developers Private Limited  The National Company Law Appellate Tribunal, Principal Bench, adjudicating in aforementioned case held that an information memorandum by a...

Woman Cites Abortion Rights Judgment to Challenge PCPNDT Act, Age Restriction: Supreme Court Issues Notice

Date: Nov 10, 2022

Case: Meera Kaura Patel v. Union of India  The Supreme Court will consider whether the 35-year-old age limit for doing pre-conceptional and prenatal diagnostic testing is legal. The age restriction...

A fresh hearing cannot be conducted on the grounds of temporary unavailability of a member to sign the order: NCLAT

Date: Nov 10, 2022

Case Title: Ashish Chandravandan Patel v. Axis Bank Ltd. & Anr.  The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan, Ms. Shreesha Merla, and Shri....

Mere abusive, humiliating or defamatory words by themselves cannot attract offence under section 294 IPC: Supreme Court

Date: Nov 10, 2022

Case Title:  N. S. Madhanagopal v. K . Lalitha According to the Supreme Court, Section 294 of the Indian Penal Code does not define abuse, humiliation, or defamation as an offence in and of itself....