Insolvency and Bankruptcy Code, 2016 – Section 14(2A) – Supply of Goods or Services – During the moratorium period, the Interim Resolution Professional (IRP) or Resolution Professional (RP) must ensure that the supply of goods or services critical to protect and preserve the value of the corporate debtor is not terminated, suspended, or interrupted, except where dues are unpaid o...
Criminal Procedure – Uniform Criminal Practice Rules – The Supreme Court recognized inconsistencies and inadequacies in criminal trials across various High Courts. To address these, the Court proposed Draft Rules of Criminal Practice 2021 and directed all High Courts to adopt these rules to ensure uniformity and efficiency in criminal trials. [Paras 1-19].
Draft Rules of Criminal Pr...
Criminal Law – Bail – Grant of bail – High Court granted bail to six accused implicated in five murders arising out of a land dispute without adequate discussion or analysis of the circumstances – Supreme Court criticized the High Court's failure to consider the gravity of the offense, nature of allegations, and involvement of the accused – Orders granting bail se...
Negotiable Instruments Act – Expeditious Trial – Dishonour of Cheque – Supreme Court issues directions to streamline and expedite the trial process for cases under Section 138 of the Act – Emphasis on the recording of reasons for converting summary trials to summons trials – Guidelines for service of summons and inquiry under Section 202 of the CrPC – Recommenda...
NDPS Act – Section 42 vs Section 43 – Recovery of poppy straw from a private vehicle on a public road – High Court erred in applying Section 43 instead of Section 42 – Vehicle was not a public conveyance – Total non-compliance with Section 42 impermissible – Compliance with Section 42 mandatory for search and seizure [Paras 1-15].
Legal Interpretation –...
Criminal Law – Interim Orders – "No Coercive Steps" – High Court shall not pass order of "no coercive steps" during investigation or till final report/charge-sheet is filed while dismissing/disposing of a quashing petition under Section 482 CrPC and/or Article 226 of the Constitution – Police has statutory right and duty to investigate cognizable offence...
Appeal against sentence higher than the minimum prescribed under the NDPS Act for possession of 1 kg heroin, addressing the adequacy o
NDPS Act – Sentence – Higher Than Minimum – Factors Considered – Accused found with 1 kg heroin, four times the commercial quantity – Minimum sentence 10 years RI – Special Court imposed 15 years RI considering the quantity in...
Dowry Death – Bail Rejection – Specific allegations in FIR regarding demand for dowry and proximity of death to the demand – High Court granted bail without adequate reasons – Medical evidence did not support the claim of mental illness – Serious allegations and presumption under Section 304-B IPC and Section 113-B Evidence Act – High Court not justified in gran...
Criminal Law – Murder and Common Object – Appellants convicted for murder with common object – High Court reversed trial court’s acquittal – Supreme Court upheld the conviction, affirming that the assault was intentional and all accused shared a common object – Minor contradictions in witness testimonies deemed insufficient to discredit overall reliability &ndas...
Free Speech – Criminal Charges for Facebook Post – FIR quashed – Appellant's Facebook post criticized the lack of action by the Meghalaya government and police against culprits who attacked non-tribal youths – Supreme Court held that the post did not promote enmity or hatred between communities – No intention to incite violence or disrupt public order – Free...