others

WHAT DID THE SC SAY? In Usha Chakraborty v. State of West Bengal, the Apex Court quashed a criminal appeal under section 482 Cr.P.C. The Hon’ble Court noted that any attempt to disguise a civil dispute as a criminal offence will be met with quashing of the entire proceedings. The Court further noted that the application filed by the appellants u/s..

WHAT DID THE SC SAY?  In Shipra Dey v. State of West Bengal & Ors., the Apex Court sent directions to the Additional Chief Judicial Magistrate, Sealdah u/s 200 Cr.P.C for examination of the complainant.  The Hon’ble Court noted that every criminal investigation must take place according to the provisions of Cr.P.C and conform to Article 21 of t..

WHAT DID THE SC SAY? In Naim Ahamed v. State (NCT of Delhi), the Apex Court held that treating every breach of promise to marry to be false and applying the provisions of Section 376 IPC would be a folly. The Court noted that each case has to be evaluated on its own facts without any prior presumptions. The Court set aside the sentence of 10 years award..

Introduction: Nate Anderson, CFA, CAIA, established Hindenburg Research in 2016. According to the company's website, it specialises in forensic financial investigation. It further states that it has decades of experience in the investment management sector and has historically focused on equity, credit, and derivatives analyses. The website states, "While we employ fundamen..

Introduction  The Civil Procedure Code (CPC) is a set of laws in India that regulate the procedures for filing and handling of civil cases. Order XVII of the CPC deals with the specific requirements for filing written statements in civil cases. A written statement in a civil case typically contains the defendant's defense to the claims made by the plaintiff. Order XVII spec..

Introduction  Order XVI of the Code of Civil Procedure (CPC) in India deals with the procedure for summoning witnesses. It lays down the rules for issuing summons to witnesses, including the form and content of the summons, the manner of service, and the consequences of non-attendance. The order also provides for the payment of expenses to witnesses and outlines the procedure f..

Introduction: The archaic prison regulations in India are useless in the modern era and are frequently broken. The emphasis on the urgent necessity for reforming prison rules and their enforcement in the aforementioned Oscar Wilde remark is appropriate. This is essential because it guarantees that the inmates do their function in society. The detainees are frequently denie..

Introduction  Section 451 of the Code of Criminal Procedure, 1973 deals with the disposal of property in the custody of police or court. The section states that when any property is in the custody of a police officer or the court and there is no one to claim it, the officer or the court shall, after giving notice in the prescribed manner, sell or dispose of the property. The pr..

The Calcutta High Court dismissed a wife's request for extra support under Section 125 of the Code of Criminal Procedure (CrPC), observing that the wife's plea for enhanced maintenance after restricting a considerable source of the husband's income amounts to an abuse of the legal process. "This is a case where a woman stops a considerable source of income of the husb..

According to the Delhi High Court, a revision petition filed in opposition to an order mandating the registration of an FIR is maintainable because it is not an interlocutory order. The court declared that the accused had a significant right to be heard. The filing of an FIR, according to Justice Jasmeet Singh, impacts an accused person's freedom and fundamental rights. The court ..

The Supreme Court stated that it would be foolish to prosecute someone for rape under Section 376 IPC and treat every broken pledge to wed as a false promise. The bench of Justices Ajay Rastogi and Bela M Trivedi noted this while acquitting a man who was concurrently convicted in a rape case. "One cannot deny a possibility that the accused might have given a promise to marry her ..

Introduction  Order VI of the Code of Civil Procedure (CPC) deals with pleadings in a civil suit. Pleadings are the written statements of the parties in a case, in which they set out their respective claims and defences. The purpose of pleadings is to give the court and the opposing party notice of the issues in dispute, so that the court can determine the scope of the case and..

Introduction: For the purpose of starting the lawsuit in the Civil/Commercial Courts, the plaint is filed. The rules of the Code will apply to any court hearing civil cases. The Court's dismissal of the complaint is addressed in Order VII of the Code of Civil Procedure. The article will cover the rules, the reasons for rejection, the deadline for resubmitting the complaint after..

The Bombay High Court has ruled that an award debtor cannot seek to set aside the award because the expert, whose report was relied upon by the arbitrator, was not questioned by the opposing party if they have not utilized the provisions of Section 26 of the Arbitration and Conciliation Act, 1996 (A&C Act). The bench of Justice Manish Pitale was handling a petition challenging an ..

According to the Allahabad High Court, it is not the injuries that constitute an offense under Section 308 of the Indian Penal Code; rather, it is the intention or knowledge of the perpetrator as well as the circumstances surrounding the crime. When upholding an order of the Sessions Judge in Varanasi rejecting the discharge request made by a man accused of violating sections 147, 148..