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S.50 PMLA: Application For Recording Statement Of Accused Can Only Be Made Before Sessions/ Special Court, Not Magistrate: Karnataka HC

This writ petition was filed under Article 226 of the Constitution and was read with Section 482 of the CrPC in order to quash the order passed by the 1st Additional Chief Metropolitan Magistrate of Bengaluru. There were two cases registered against the petitioner. The ED filed an application before the learned Magistr..

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POCSO Act Prevails Over SC/ST Act: Accused Entitled To Directly Approach High Court U/S 439 CrPC When Charged Under Both Statutes: Kerala HC

By an order dated 02.09.2022, the Kerala High Court granted bail to the petitioner under Section 439 of the Code of Criminal Procedure, 1973.  It was alleged that the accused slapped and scolded the fifteen year old complainant using filthy language. Provisions of the SC/ST Act were also included as the complainan..

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A Comparative Analysis Of The Doctrine Of Indoor Management And Doctrine Of Constructive Notice Under Company Law

Key takeaways Since the company's rules and regulations are public information, it is the responsibility of an outsider to be aware of them, before entering into a contract with the company. This assumption is known as the Doctrine of constructive notice. Doctrine of indoor ..

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Guide To Personal Injury Claims: Everything You Need To Know

Personal injury claims are a complicated area of law. They can be difficult to understand and often involve large sums of money. However, understanding the process of personal injury claims is important in ensuring you are taken care of if you ever have to file one. This guide will help you understand how personal injury claims work and how to navigate the legal process to get the bes..

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Notice Stating Right To Initiate Arbitration Not A Notice Under Section 21 of A&C Act: Delhi High Court

The appellants Shriram Transport Finance Co. Ltd filed this appeal before the Delhi High Court against the judgment of the learned District Judge which allowed a petition seeking to set aside the Arbitral Award dated 16.07.2019 on the grounds that there was non-compliance with Section 21 of the Arbitration and Conciliation Act, 1996.  li style="..

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How to Select Best Fixed Deposit Plan

What is an age-old way of saving or investing do you think? Let's step two decades back and take a look at it, shall we? What are the thoughts that pop through your head? Does one of those thoughts hum - fixed deposit? Of course, it does, doesn't it? Because, as far as we all know - fixed deposits have been a part of us more than we could ever imagine. From grandparents, parents, and no..

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Independent Director Under The Companies Act, 2013

Key Takeaways The independent directors have been enlisted to improve the objectivity of corporate governance throughout the country. According to Section 149(6), an independent director is defined as "a director other than a managing director, a whole-time director, or a n..

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Supreme Court: Minister/ Public Servants Need Not Follow Special Procedures U/Sec. 199(2) And (4) CrPC And Can File Private Complaint Against Defamation

It was ruled by the Supreme Court that a minister or public employee (a person protected by Section 199(2)) can submit a private complaint alleging defamation and is not required to follow the specific procedure outlined in Section 199(2) & (4) CrPC, according to the Supreme Court. Manish Sisodia, a minister in the..

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Bombay High Court Held That Grave Injustice Would Be Caused If Parties Were Forced To Continue With Proceedings Despite Compromise In Domestic Violence Cases Under Section 498 A Of IPC

It was held by the Bombay High Court that, cases relating to Domestic Violence are to be quashed when parties arrive at a settlement if it involves non-compoundable offences else it would be hazardous to force a couple who want to live together, to litigate. It would be a “dis-service to the society for the protection of which the court exists”...

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Incorporation Of Public Limited Company: Advantages And Disadvantages

Key takeaways According to the 2013 Companies Act, there is a specific process for incorporating a company. Before starting the company, a certificate of commencement of business is necessary. The incorporation of a public company offers additional revenue possibilities through ..

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Memorandum Of Association And Articles Of Association

Key takeaways The Memorandum of Association is the legal document that outlines the purpose, power, and scope of the company. The document establishes restrictions on how the company may operate. AoA is a required document that outlines a company's rules and policies to enab..

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An Analysis Of The Turquand Rule And Its Exceptions

Key takeaways The Turquand rule clarifies the underlying fundamental principle that, when an outsider enters into a contract with a company in good faith, the outsider can presume that no such irregularities exist and that, as a result, all procedural requirements have been complied with by the company appropriately...

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Doctrine Of Election: Elect Between Two Alternative And Conflicting Rights

Contents Key Takeaways Introduction Doctrine of Election When does Election arise Modes of Election Mohd. Kader Ali fak..

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Lifting Of Corporate Veil Due To Fraud And Improper Conduct

Key takeaways     Incorporation of the company does not always and in every situation eliminate personal liability.     The members of the corporation have minimal accountability, but they may be held accountable in exceptional situations if the court believe..

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Convicting Someone By Holding Rape Victim's Statement To Be Gospel Truth Would Be Travesty Of Justice: Punjab and Haryana HC

It is most heartening to learn that none other than the Punjab and Haryana High Court itself in a most commendable, courageous, composed, cogent and convincing judgment titled X v. State of Haryana and Another in CRM-A-1736-2019 and cited in 2022 LiveLaw (PH) 265 that was reserved on September 22 and then was finally pronounced on September 30, 2022 has minced absolutely no words whatsoever to ..

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