Negotiable Instruments Act, 1881 - Section 138 - Legally Enforceable Debt - Violation of Income Tax Act, 1961 - Section 269SS - Cash Transaction exceeding Rs. 20,000 - Effect on enforceability of debt - Presumption under Section 139 NI Act - Breach of Section 269SS does not render transaction unenforceable or rebut presumptions under NI Act - Penal provision only.
Negotiable Instruments Act, 18...
Criminal Law – Murder Trial – Conviction Reversed – Appellants convicted under Section 302/34 IPC for alleged murder of deceased by slitting his throat with an axe – FIR lodged by wife of deceased stated that she found husband lying dead in the night and named appellants on suspicion – During trial, witnesses claimed to be eyewitnesses and attributed motive – He...
Criminal Law – Bail – Section 436-A CrPC – Applicability to Heinous Offences – High Court granted bail relying on Section 436-A – Held: Section 436-A explicitly excludes offences for which the punishment of death has been specified – The accused are charged under Section 302 IPC and Section 16 UAPA, which carry the death penalty – High Court erred in apply...
NDPS Act – Bail – Sections 8, 21, 29 NDPS Act - Commercial Quantity – Procedural Lapses – Bail Granted – Petitioner arrested on 21.04.2023 for alleged possession of 50 bottles of Myberry (Codeine Phosphate) – Co-accused arrested based on petitioner's disclosure – Final report filed on 17.07.2023 – Trial delayed with less than half of 21 witnesses...
Criminal Law – Section 8(c), 20(b)(ii)(C), 25, 29(1), 50, 52-A, 57 NDPS Act – Independent Witnesses – Non-examination – Held: Absence of independent witnesses is not fatal to the prosecution if the testimony of official witnesses is consistent and credible – In the present case, official witnesses deposed in unison that no independent persons were available at the tim...
Maintenance – Section 125 Cr.P.C. – Interim Maintenance – Assessment of Income – Dependents – Voluntary Financial Obligations – Professional Qualification of Wife – Modification of Quantum.
Matrimonial Law – Interim Maintenance – Quantum Assessment – Deductions and Dependents – The petitioner-husband challenged the Family Court&#...
Criminal Law – Anticipatory Bail – Delay in Lodging FIR – FIR registered in 2024 for alleged fraudulent dilution and transfer of shares between 2010–2011 – Allegations surfaced during arbitration in 2024 – Held: Delay of 14 years in raising grievances without pursuing civil remedies casts doubt on urgency and requires trial to determine knowledge and intent [Par...
Civil Revision – Transfer of Suits – Section 24 CPC – Transfer Allowed – Applicants sought transfer of defamation suits from Ponda, Goa, to Maharashtra citing threat to life and fair trial concerns – Court held: Bombay High Court, being common High Court for Maharashtra and Goa under Article 231, has jurisdiction to entertain inter-State transfer under Section 24 CPC ...
Code of Civil Procedure, 1908 - Section 24 - Transfer Application - Maintainability of Second Transfer Application - High Court cannot entertain a second transfer application under Section 24 CPC on the same facts if a similar application was dismissed by the District Judge, without challenging the District Judge's order.
Code of Civil Procedure, 1908 - Section 24 - The applicant ...
Criminal Procedure Code, 1973 – Section 102 – Prevention of Corruption Act, 1988 – Section 18A – Freezing of Bank Accounts – Mutually Exclusive Powers – The High Court held that freezing of accounts for PC Act offences can only be done via the attachment procedure in Section 18A (applying Ordinance of 1944) and not Section 102 CrPC – Held: The powers under...