Manoj Raikar
Supreme Court
Supreme Court: Mere Delay in Compliance of Section 157 of the CrPC Cannot Be a Ground for Acquittal of the Appellant
The present appeal is a challenge to the judgement by Allahabad High Court. The High Court judgement confirmed the conviction of the Appellants under Sec. 302 read with Sec. 34 of IPC, 1860 and Sec. 27 of the Arms...
Supreme Court
Supreme Court reiterates that Wilful Disobedience is Necessary to Constitute Civil Contempt
The Appellant had filed a contempt petition against the Respondent. That the Respondent failed to follow the directions of the Industrial Tribunal. The Tribunal had ordered the Respondent to regularize and departmentalise the concerned workers in the Food Corporation...
Supreme Court
Supreme Court: To Submit Secondary Evidence, Foundational Facts Have to be Established to Account for the Existence of the Primary Evidence
The Appeal arose out of a suit for declaration filed by the Appellants. The Appellants alleged that the land owned by the Respondents was illegal. To this end, the Appellants moved an application under Secs. 65/66 of the Evidence...
Supreme Court
Supreme Court: Principle of Interpretation to apply in certain case when interpreting an Arbitration clause
In this case, the dispute between the parties arose over an increase in the price of High-Speed Diesel (“HSD”).
Brief Facts of the case
The “HSD” It is an essential material for carrying out the drilling operation based on a contract agreement. The...
Supreme Court
Supreme Court: In cases of the Complex Factual Matrix, the High Court has the discretion to entertain a Writ Petition
An appeal before the Supreme Court arises from the decision of the Division Bench based on a writ petition filed by the Respondent against the Appellant – Bank in the case of Punjab National Bank & Ors. V. Atmanand...
Supreme Court
Supreme Court: Consent Requirement under Sec. 6 of the Delhi Special Police Establishment Act is subjected to place of Commission of the Offence
In the present case of Kanwal Tanuj v. State Of Bihar & Ors, the Appellant is an accused along with one Shri C. Sivakumar, CEO, Bhartiya Rail Bijli Co. Ltd., (“BRBCL”) based on FIR registered by the CBI under...
Supreme Court
Supreme Court: The place of Arbitration in Domestic Arbitration has no significance unlike in International Commercial Arbitration
As per the facts of Quippo Construction Equipment Limited v. Janardan Nirman Pvt. Limited, the Appellant deals in the business of providing equipment for infrastructure activities and had entered into multiple agreements with the Respondent for renting out Piling...
Supreme Court
Supreme Court while Rejecting Exemption of Tax Liability Reiterates Doctrine of Mutuality
The doctrine of mutuality in the context of the law of taxation traces its origin in the common law principle that a person cannot engage in business with oneself and thus any amount received from oneself cannot be regarded...
High Court
Delhi High Court rejects Bail Plea of Rape Accused for Father’s Last Rites, Cites Covid-19 Lockdown as a Reason
The general principle underlying the law of bails was recognized by Justice Krishna Iyer in Gudikanti Narasimhulu & Ors. vs. Public Prosecutor, High Court of Andhra Pradesh, AIR 1978 SC 429, (“G. Narasimhulu”) that bail is the rule and...
Supreme Court
Supreme Court: Principle of Interpretation of Statutes is used to construe the term ‘Medicine’, which is not defined in the Drugs and Cosmetics Act,...
The primary Principle of Interpretation of Statutes is to give the word the plain, literal and grammatical meaning of the word unless it contradicts with the express intention or declared purpose of the statute. The Hon’ble Supreme Court in...
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