12 August 2024

Search Results for Tag : Section 3

Judgments

Merely because an application is filed under Section 34(4) of the Arbitration Act by a party, it is not always obligatory on the part of the Court to remit the matter to Arbitral Tribunal(03.01.2022)

Present appeal is filed, aggrieved by the order passed by the High Court of in Commercial Arbitration Petition. The High Court was of the view that th.....

Tags : Section 34(4) of the Arbitration Act, Arbitral Tribunal

News

SC: Arbitral Tribunal Can Grant Post Award Interest Included in Sum of Award(26.04.2022)

Supreme Court has ruled that the Arbitral Tribunal can grant post-award interest on the sum of the award including the interest component. The Court r.....

Tags : Supreme Court, arbitral tribunal, Section 31(7), Arbitration and Conciliation Act, 1996

Allahabad HC: Provision Of De Novo Trial Is Mandatory For Any Accused Summoned U/S 319 CrPC(28.04.2022)

Allahabad High Court has observed that the provision of de novo trial is compulsory for the accused summoned under Section 319 of the Code of Criminal.....

Tags : Allahabad High Court, de novo trial, Section 319, Code of Criminal Procedure, 1973

Madras HC: Section 34 Proceedings Are Summary in Nature; Does Not Permit Additional Evidence(29.04.2022)

Madras High Court has ruled that the challenge proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 are summary in nature, hence.....

Tags : Madras High Court, Section 34, Arbitration and Conciliation Act, 1996, arbitral tribunal

AP HC: Caste-Based Insult Over Telephone Conversation Not an Offence U/S 3 SC/ ST Act(29.04.2022)

Andhra Pradesh High Court has reiterated that to constitute an offence under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevent.....

Tags : Andhra Pradesh High Court, Section 3(1)(x), Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

Orissa HC Upholds Constitutional Validity of Section 34 RP Act(02.05.2022)

Orissa High Court upheld the Constitutional validity of Section 34 of the Representation of the People Act, 1951 that specifies that eligible citizens.....

Tags : Orissa High Court, Section 34, Representation of the People Act, 1951, State Legislative Assembly, Member of Parliament

Madras HC: Writ Petition is Not Maintainable to Enforce Arbitral Award(18.04.2022)

Madras High Court has observed that a writ petition cannot be filed to enforce an arbitral award when an alternative remedy is available under section.....

Tags : Madras High Court, arbitral award, section 36 of the Arbitration and Conciliation Act, 1996

JKL HC: Convicted Accused Who Can't Understand Proceedings Can Be Referred To HC u/s 341 J&K CrPC(19.04.2022)

Jammu and Kashmir and Ladakh High Court has held that the case of an accused who’s convicted, although not insane, but who can’t be made to comprehend.....

Tags : Jammu and Kashmir and Ladakh High Court, section 341 of Jammu and Kashmir Code of Criminal Procedure, 1973, High Court

JKL HC: Convicted Accused Who Can't Understand Proceedings Can Be Referred To HC u/s 341 J&K CrPC(19.04.2022)

Jammu and Kashmir and Ladakh High Court has held that the case of an accused who’s convicted, although not insane, but who can’t be made to comprehend.....

Tags : Jammu and Kashmir and Ladakh High Court, section 341 of Jammu and Kashmir Code of Criminal Procedure, 1973, High Court

Rajasthan HC Dismisses PIL Seeking Direction to Conduct Census to Centre in Specific Time Frame(20.04.2022)

Rajasthan High Court has dismissed a public interest litigation seeking a direction to Union government to conduct the Census in scheduled timeline, s.....

Tags : Rajasthan High Court, a public interest litigation, Union government, Section 3 of the Census Act, 1948, ultra vires

Delhi HC: Right of Party to File Counter Claims Exists Independently of Any Liberty(22.04.2022)

Delhi High Court has held that any issue on which the Arbitral Tribunal has the jurisdiction to pass a final award can also be the subject matter of a.....

Tags : Delhi High Court, Arbitral Tribunal, Section 34 of the Arbitration and Conciliation Act

CRIMINAL - SC: Stronger Evidence than Mere Chances of Complicity Required for Adding Additional Accused(19.03.2019)

Supreme Court has observed that to add a person as additional accused under Section 319 of the Code of Criminal Procedure, stronger evidence is requir.....

Tags : Supreme court, Code of Criminal Procedure, Section 319

NARCOTICS - Calcutta HC: NDPS Court Not Exercising Magisterial Powers While Remanding Accused at Post-Cognizance(26.03.2019)

Calcutta High Court has dismissed habeas corpus petition holding that Special Court under Narcotic Drugs and Psychotropic Substances Act (NDPS) is not.....

Tags : Calcutta High Court, Section 309 of Code of Criminal Procedure

SC: Accused's Plea on Applicability of S. 300 CrPC Has to be Considered at Discharge Stage(13.12.2022)

Supreme Court has held that the accused's plea on applicability of Section 300 CrPC has to be considered at the stage of discharge under Section 227 C.....

Tags : Supreme Court, Discharge Stage, Section 300 CrPC

SC: Section 313 CrPC Not Empty Formality(15.12.2022)

Supreme Court observed that while questioning an accused under Section 313 CrPC, he must be explained the circumstances appearing in the evidence agai.....

Tags : Supreme Court, Section 313 CrPC, Evidence

SC: Delay in Filing Appeal Challenging Acquittal u/s 378 CrPC Can Be Condoned u/s 5 Limitation Act(22.02.2024)

Supreme Court has held that the delay occurring in filing an appeal against acquittal of accused under Section 378 of Code of Criminal Procedure, 1973.....

Tags : Supreme Court, Section 378 of CrPC, Section 5 of Limitation Act

Del. HC: Can’t Invoke Bar Given u/s 37 of NDPS Where Evidence Against Accused Appears Unbelievable(22.02.2024)

Delhi High Court has held that bar related to bail provided under Section 37 of Narcotic Drugs and Psychotropic Substances Act (NDPS) cannot be invoke.....

Tags : Delhi High Court, Section 37 of NDPS

Bombay HC Grants Bail to POCSO Accused; Says Kissing & Fondling Not Unnatural Offence U/S 377 IPC(16.05.2022)

Bombay High Court has granted bail to a man accused of a minor boy's sexual assault and observed that kissing and touching private parts are prima fa.....

Tags : Bombay High Court, Indian Penal Code, 1860, Section 377, kissing, private parts

Calcutta HC: Accused Shall be Given Opportunity to Explain Circumstances Appearing Against Him(17.05.2022)

Calcutta High Court has observed that while examining an accused under Section 313 of the Code of Criminal Procedure, 1973 (CrPC), the prosecution is .....

Tags : Calcutta High Court, Section 313, Code of Criminal Procedure, 1973, prosecution

SC: No Mandate to Decide Application u/s 319 CrPC Before Cross-Examination of Other Witnesses(21.10.2024)

SC has stated that the complicity of any person sought to be arrayed as accused can be decided with or without conducting cross-examination of complai.....

Tags : Supreme Court, Cross-Examination, Section 319

SC Recalls Judgement Striking Down S. 3(2) and 5 of the Benami Transactions (Prohibition) Act, 1988(21.10.2024)

Supreme Court has recalled its judgement which struck down Sections 3(2) and 5 of the Benami Transactions (Prohibition) Act, 1988 as unconstitutional.

Tags : Supreme Court, Unconstitutional, Section 3(2)

Bombay HC: Tribunal’s Award Even if Erroneous, has to be Challenged by Invoking S. 34 of A&C Act(24.10.2024)

Bombay High Court has observed that when the ‘Award’ is made by the Facilitation Council / Tribunal by exercising jurisdiction vested in it, however e.....

Tags : Bombay High Court, Section 34, Award

Karnataka HC: Mere Change of Counsel Cannot be a Ground to Recall Witness(24.10.2024)

Karnataka High Court has stated that mere change of counsel cannot be a ground to recall a witness. The application under Section 311 CrPC must contai.....

Tags : Karnataka High Court, Section 311 CrPC, Recall Witness

Gauhati HC: Three Conditions Under Section 37 NDPS Act to Grant Bail Conjunctive in Nature(16.09.2021)

Gauhati High Court has held that the three conditions stipulated under Section 37 of the NDPS Act for grant of bail to an accused person are conjuncti.....

Tags : Gauhati High Court, Three Conditions Under Section 37 NDPS Act

Tel. HC: Partner in Consensual Sexual Relationship Not Included in the Scope of Perpetrator u/s 354C(27.10.2023)

Telangana High Court has held that under Section 354C of IPC, the ‘perpetrator’ or ‘any other person at the behest of the perpetrator’ would not mean .....

Tags : Telangana High Court, Consensual, Section 354C, Perpetrator

Supreme Court Asks Centre to Spell Out Stand on Validity of IPC Section 377(24.04.2018)

Supreme Court has asked the Centre to spell out its stand on constitutional validity of IPC Section 377 that makes gay sex illegal between two consent.....

Tags : Supreme Court, Section 377

Cal. HC: Court Must Interfere with Arbitrator’s Interim Orders Only When it is Palpably Perverse(28.11.2023)

Calcutta High Court has observed that Section 37 Court in appeal must see an interim order passed by arbitral tribunal within prismatic efficacy of th.....

Tags : Calcutta High Court, Interim Orders, Section 37

Bombay HC: Court Cannot Undertake Independent Assessment of Arbitral Award U/S 37 of A&C Act(04.12.2023)

Bombay HC has held that under Section 37 of Arbitration & Conciliation Act, the challenge must be related to the impugned order passed under Section 3.....

Tags : Bombay HC, Arbitration & Conciliation Act, Section 37, Section 34

CRIMINAL - Person Accused U/S 319 CrPC can be Tried for Offence for which All Accused are Tried Together: SC(28.02.2019)

Supreme Court has observed that, though under Section 319 of Code of Criminal Procedure, a person can be added as accused not only for same offence fo.....

Tags : Supreme Court, Section 319 CrPC

HP HC: Object of S.311 CrPC is to is to Do Substantial Justice(21.12.2023)

Himachal Pradesh High Court while observing that object of Section 311 CrPC is to do substantial justice, has held that Court can exercise power under.....

Tags : Himachal Pradesh High Court, Justice, Section 311, CrPC

Bom. HC: Following a Woman and Pushing Her With Bicycle is Not an Offence u/s 354 IPC(03.01.2024)

Bombay High Court while observing that the act of following a woman a couple of times, abusing and pushing her with a bicycle may be annoying but defi.....

Tags : Bombay High Court, Sense of Decency, Section 354 IPC

SC: Demand of Ransom Coupled with the Threat to Life Necessary for Conviction Under Section 364A IPC(04.01.2024)

Supreme Court has held that for conviction under Section 364A of IPC, the prosecution must prove, beyond a reasonable doubt, before the Court not only.....

Tags : Supreme Court, Conviction, Section 364A, Kidnapping

SC: Defence Not Lost if Plea Not Taken Under Section 313 CrPC(05.01.2024)

Supreme Court while observing that statement recorded u/s 313 of CrPC cannot form the sole basis of conviction, has held that mere omission to take a .....

Tags : Supreme Court, Section 313 of CrPC, Conviction

Del. HC: Can’t Lodge FIR if a Relationship Doesn’t Work Out(03.11.2023)

Delhi High Court has observed that it is a settled law that if a relationship does not work out, the same cannot be a ground for lodging an FIR for th.....

Tags : Delhi High Court, FIR, Section 376, Relationship

Del. HC: Throwing Any Liquid or Substance Other Than 'Acid' on Any Person Not an Offence U/S 326B IPC(10.11.2023)

Delhi HC while quashing an FIR registered against the petitioner has held that an offence under Section 326-B of the IPC is made out only if a person .....

Tags : Delhi HC, Section 326-B of IPC, Acid attack

NCLAT: Dissenting Financial Creditor Entitled to Liquidation Value of its Secured Interest only(28.10.2024)

The National Company Law Appellate Tribunal (NCLAT) has observed that as per Section 30(2)(b) of Insolvency and Bankruptcy Code, 2016 (IBC), a dissent.....

Tags : National Company Law Appellate Tribunal, Section 30(2)(b), Insolvency and Bankruptcy Code, 2016

HP HC: Can’t Set Aside Award Unless Patent Illegality Established u/s 34 of A&C Act(14.11.2024)

Himachal Pradesh High Court has stated that an interference with the award can only be made under Section 34 of Arbitration and Conciliation Act, 1996.....

Tags : HP High Court, Section 34, Patent Illegality

HP HC: Court Must Confine Itself to Grounds Under Section 34 While Hearing Appeal u/s 37 of A&C Act(18.11.2024)

HP High Court has held that a court while dealing with appeals under Section 37 Arbitration and Conciliation Act, 1996, has a very narrow scope of int.....

Tags : HP High Court, Scope of Interference, Section 34

MP HC: Can Set Aside Award u/s 34 of A&C Act if Arbitrator Travels Beyond Arbitration Agreement(18.11.2024)

MP High Court has held that while passing an award if the arbitrator travels beyond the terms of arbitration agreement then the award can be set aside.....

Tags : MP High Court, Arbitration Agreement, Section 34

Del. HC: Where Arbitrator has Taken Plausible View, Court Cannot Interfere u/s 34 of A&C Act(21.11.2024)

Delhi High Court has held that it is settled law that where the arbitrator has taken a possible/plausible view, the court would refrain from interferi.....

Tags : Delhi High Court, Section 34, Plausible View

Bom. HC: Cannot Book Lawyer for Asking CBI Officers to Show their Identity Cards(25.11.2024)

Bombay High Court has stated that mere restraint of an official would not amount to an offence under Section 353 of IPC. Nature of restraint is crucia.....

Tags : Bombay High Court, CBI Officers, Section 353

Supreme Court Notice to Centre on Fresh Pleas Seeking to Decriminalize Gay Sex(02.05.2018)

Supreme Court has issued a notice to the Centre on two separate pleas challenging section 377 of the Indian Penal Code which criminalizes unnatural se.....

Tags : Supreme Court, Section 377

SC: Common Intention Not to Be Inferred Merely on the Basis of Presence of Accused Near Crime Scene(07.02.2024)

SC while observing that there wasn’t oral or documentary evidence to attribute accused with common intention of murder has held that inference was dra.....

Tags : Supreme Court, Common Intention, Section 34 IPC

Del HC: No Restraint in Grant of Bail Under S. 37 of NDPS Act For Undue Delay in Completion of Trial(29.02.2024)

Delhi High Court has held that Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) does not put a restrain on granting bail .....

Tags : Delhi High Court, Section 37 of NDPS, Trial Completion

MP HC: Power Exercised u/s 319 of CrPC Must Come Before Acquittal Order in Case of Joint Result(01.03.2024)

Madhya Pradesh High Court has observed that if an order has to be made in the exercise of powers under Section 319 of the Code of Criminal Procedure (.....

Tags : Madhya Pradesh High Court, Section 319 of CrPC, Joint Result

Tel. HC: Constitutional Validity of Section 38(2) of RP Act and Rule 5.7.1 of ECI’s Handbook Upheld(01.03.2024)

Telangana High Court has upheld the constitutional validity of Section 38(2) of the Representation of the People Act, 1951 (RP Act) and Rule 5.7.1 of .....

Tags : Telangana High Court, Section 38(2) of RP Act, Election Commission of India, Constitutional Validity

SC: Party Not Barred from Raising New Grounds to Set Aside Award in Section 37 Appeal(09.11.2021)

Supreme Court has observed that a party is not barred from raising an additional ground for setting aside an arbitration award in arbitration appeal u.....

Tags : Supreme Court, Grounds to Set Aside Award in Section 37 Appeal

Ker. HC: Trial Courts to Determine Whether Charges u/s 304A IPC to be Added in Motor Accidents Cases(18.01.2024)

Kerala High Court has held that whenever trial courts frame charges in deaths involving motor accidents it is for them to decide that whether an alter.....

Tags : Kerala High Court, Motor Vehicle, Section 304 IPC

SC: Conviction under SC/ST Act Can’t Sustain if Offence u/s 3(1)(xi) Not Committed on Caste Basis(30.01.2024)

Supreme Court has held that the conviction for the offence punishable under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention .....

Tags : Supreme Court, Section 3(1)(xi) of SC/ST Act, Outraging Woman's Modesty

SC: High Time that Investigating Agencies are Sensitised About Law Laid Down u/s 306 of IPC(20.01.2025)

SC has observed that it is time that investigating agencies are sensitised to the law laid down by this Court under Section 306 of IPC so that persons.....

Tags : Supreme Court, Investigating Agencies, Section 306

SC: Asking Woman to Not Live if She Can’t Live Without Marrying Her Lover Isn’t Abetment to Suicide(22.01.2025)

SC has observed that a remark such as asking the deceased to not be alive if she cannot live without marrying her lover will not gain status of abetme.....

Tags : Supreme Court, Abetment to Suicide, Section 306

Del. HC: Restriction u/s 37 of NDPS Act Cannot take Precedence Over Accused’s Right u/a 21(24.01.2025)

Delhi High Court has stated that restrictions on grant of bail given under section 37 of NDPS Act cannot take precedence over the accused’s rights gua.....

Tags : Delhi High Court, Section 37, Article 21

SC: Trial Courts Repeatedly Committing Mistakes in Conviction under Section 304-B of IPC(03.02.2025)

SC has observed it has repeatedly laid down and explained the ingredients of the offence under Section 304-B of Indian Penal Code, 1860. But, the Tria.....

Tags : Supreme Court, Trial Courts, Section 304-B

Delhi HC: Fees Paid by ‘Remfry & Sagar’ to Acquire Goodwill is Expense Deductible u/s 37 of IT Act(04.02.2025)

Delhi High Court has observed that to acquire the goodwill vested in a company run by the family members, the fees paid by law firm Remfry & Sagar sha.....

Tags : Delhi High Court, Goodwill, Section 37

SC: Mere Mention of Section 307 in FIR Doesn’t Bar Quashing of Case(12.02.2025)

Supreme Court has observed that in an FIR, mere mentioning of Section 307 of Indian Penal Code, 1860 will not bar the High Court from quashing the cas.....

Tags : Supreme Court, Section 307, Quashing of Case

SC: HCs Must Ensure S. 313 CrPC (S.351 BNSS) Compliance at Earliest To Avoid Acquittals(23.04.2025)

Supreme Court, while upholding the acquittal of an accused, has observed that High Courts must be proactive while checking compliance with Section 313.....

Tags : Supreme Court, Section 313 CrPC, Section 351 BNSS, Acquittal

Chhattisgarh High Court: Must Invoke Section 348 of BNSS with Great Caution(24.04.2025)

Chhattisgarh High Court has observed that Section 348 of BNSS granting the Courts power to summon any person or examine them, or recall and re-examine.....

Tags : Chhattisgarh High Court, Section 348, Power to Summon

SC: As Per Section 362 of CrPC Only Clerical Errors Can be Corrected(25.04.2025)

Supreme Court while disapproving with Allahabad High Court invoking Section 362 of CrPC to modify High Court's judgment, has underscored that under Se.....

Tags : Supreme Court, Allahabad High Court, Section 362

J&K HC: S. 34 POCSO Act Vests Jurisdi. in Special Court to Determine Age of Both Offender & Victim(28.04.2025)

Jammu & Kashmir and Ladakh High Court has held that Section 34 of the POCSO Act vests jurisdiction with the Special Court not only to determine the ag.....

Tags : J&K High Court, Section 34, Special Court

Delhi HC: Fights in Marriage or Family Do Not Amount to Offence of Abetment to Suicide(01.05.2025)

Delhi HC has held that fights in marriage or family do not amount to offence of abetment to suicide under Section 306 of IPC and it is for the Court t.....

Tags : Delhi High Court, Fights in Marriage, Section 306

Allahabad HC: Unnatural Sexual Intercourse by Man With His Wife, Without Consent is Punishable(07.05.2025)

Allahabad High Court has held that unnatural sexual intercourse by a man with his own wife without her consent, even if she is above 18 years, would b.....

Tags : Allahabad High Court, Unnatural Intercourse, Section 377

SC: 2019 Amendment to Section 31 IBC has Retrospective Operation(14.04.2021)

Supreme Court has held that 2019 amendment to Section 31 of the Insolvency and Bankruptcy Code, 2016 has retrospective operation. The Court has stated.....

Tags : Supreme Court, 2019 Amendment to Section 31 IBC

J&K HC: Provisions of S. 329 of CrPC Can be Invoked Only After Framing of Charges(21.03.2025)

Jammu & Kashmir and Ladakh High Court has held that the provisions dealing with the procedure for trying a person of unsound mind given under Section .....

Tags : Jammu & Kashmir, Section 329, Criminal Trial

J&K HC: Section 37 of NDPS Act Comes Into Play When Bail is Being Considered on Merit(21.03.2025)

J&K HC has observed that Section 37 of NDPS Act, comes into play only when bail of person accused of an offence involving commercial quantity of a con.....

Tags : J&K High Court, Section 37, Commercial Quantity

Tel. HC: Can Challenge Order Rejecting Jurisdictional Objections under Section 34(26.03.2025)

Telangana High Court has observed that challenge to an order rejecting jurisdictional objections under Section 16 of the Arbitration and Conciliation .....

Tags : Telangana High Court, Jurisdictional Objections, Section 34

Delhi HC: Place Where Tormented Lady Gets Compelled to Kill Herself has No Bearing(09.04.2025)

Delhi High Court has stated that place where a tormented lady gets compelled to kill herself has no bearing. For purposive interpretation of the provi.....

Tags : Delhi High Court, Tormented Lady, Section 304B

SC: Can Dismiss Suit as Time Barred Even If No Specific Issue Regarding Limitation Was Framed(14.04.2025)

Supreme Court has observed that because of the mandate of Section 3 of the Limitation Act, 1963 a suit can be dismissed as time barred even if no spec.....

Tags : Supreme Court, Time Barred, Section 3

HP HC: Section 5 of Limitation Act Isn’t Applicable to Petition u/s 34 of A&C Act(14.04.2025)

HP High Court has held that since Section 5 of the Limitation Act, 1963 is not applicable on a petition filed under Section 34 of the Arbitration and .....

Tags : HP High Court, Section 34, Section 5

Madras HC to Suo Motu Test Constitutional Validity of Section 36B of Advocates Act, 1961(02.03.2020)

Madras High Court has decided to suo moto consider the validity of Section 36B of the Advocates Act, 1961, in as much as it stipulates that in case a .....

Tags : Madras High Court, Constitutional Validity of Section 36B of The Advocates Act

All. HC: Interest Can’t be Awarded by Labour Court In Proc. for Money Recovery from Empl. u/s 33C(2)(23.04.2024)

Allahabad High Court has held that in a proceeding under Section 33C(2) of Industrial Disputes Act, 1947, law does not empower a Labour Court to grant.....

Tags : Allahabad High Court, Labour Court, Section 33C(2) of ID Act

CRIMINAL - Mere Disclosure of Names by Witnesses During Trial Not Enough to Add Person as Additional Accused: SC(14.03.2019)

Supreme Court has observed that mere disclosure of names of some persons by witnesses during trial cannot be said to be strong and cogent evidence to .....

Tags : Supreme Court, Section 319 of the Criminal Procedure Code, Witness

CRIMINAL - Mere Disclosure of Names by Witness During Trial Not Enough to Add Person as Additional Accused: SC(14.03.2019)

Supreme Court has observed that mere disclosure of names of some persons by witnesses during trial cannot be said to be strong and cogent evidence to .....

Tags : Supreme Court, Section 319 of the Criminal Procedure Code, Witness

Meghalaya High Court: Trial Court Should Adopt Procedure Understandable by Illiterate Person(11.03.2024)

Meghalaya High Court has observed that the trial court while performing its duty under Section 313 of the Code of Criminal Procedure, 1973, should ado.....

Tags : Meghalaya High Court, Section 313 of CrPC, Illiterate Person

Del. HC: Dish TV Not Entitled to Protection u/s 30(2) of Trade Marks Act for Using the Word ‘Dish’(13.03.2024)

Delhi High Court has held that Dish TV India Limited cannot seek protection under Section 30(2) of the Trade Marks Act, 1999 for using the word ‘Dish’.....

Tags : Delhi High Court, Section 30 of TM Act, Monopoly

Del HC: Abetm. of Suicide’s Trial Can’t Solely be Based on Mention of Person's Name in Suicide Note(11.04.2024)

Delhi High Court has held that mere mention of the name of certain individuals in the suicide note, stating therein that they are responsible for his .....

Tags : Delhi High Court, Suicide Note, Abetment of Suicide, Section 306 of IPC

SC: It is Up to the Arbitral Tribunal to Adjudicate Upon Construction of Terms of Contract(10.05.2024)

SC has held that it is for Arbitral Tribunal to adjudicate upon construction of terms of a contract. If Arbitral Tribunal takes a particular view on i.....

Tags : Supreme Court, Terms of Contract, Arbitral Tribunal, Section 34 of A&C Act

SC Denies to Examine Plea on Section 377(29.06.2016)

Supreme Court has declined to examine a fresh petition challenging the validity of penal provision incriminating gay sex and said the Chief Justice wi.....

Tags : Supreme Court , Section 377

Bombay HC Says 'No' to Dismissal of Appeals, Unless Matter Decided on Merits(28.04.2017)

Bombay High Court has held that an Appellate Court cannot dismiss an appeal exercising its jurisdiction under Section 386 of CrPC, unless the matter h.....

Tags : Bombay High Court, Section 386 of CrPC, Merits of case

Bombay HC: Internet Broadcasting Not Covered U/s. 31D Copyright Act(10.05.2019)

Bombay High Court in a significant judgment held that Section 31D of the Copyright Act, 1957 covers only radio and TV broadcasting and not internet br.....

Tags : Bombay High Court, Copyright Act, 1957, Section 31D

P&H HC: Section 377 IPC Attracted When Penetration With Sexual Intent Happens on Any Part of Body(07.03.2022)

Punjab and Haryana High Court has held that this offence is attracted even in a situation where the penetration happens to be on any other part of the.....

Tags : Punjab and Haryana High Court, Section 377 IPC, Sexual Intent

SC: Conviction for Stalking Quashed Due to Marriage Between Convict and Complainant(20.05.2024)

The conviction of a man for offence of stalking under Section 354D of the Indian Penal Code, 1860 was quashed by the Supreme Court on the ground that .....

Tags : Supreme Court, Section 354D of IPC, Stalking

Govt.: Deduction Benefit under Section 35AC Only Till March 31(22.08.2016)

Government has said that benefit of deduction under section 35AC of the IT Act will only be available till March 31, in respect to the payments made t.....

Tags : Government, Section 35AC, IT Act

Madras HC Denies Bail to NRI Company Director Accused of Money Laundering(30.03.2022)

Madras High Court has refused to grant bail to Ahmed A.R Buhari, director and promoter of M/s Coastal Energen Private Limited (CEPL) who was accused u.....

Tags : Madras High Court, Section 3 of the Prevention of Money Laundering Act, 2002, of M/s Coastal Energen Private Limited

Gujarat HC: Positive Act of Instigation Essential for Conviction u/s 306 IPC(01.04.2022)

Gujarat High Court has observed that devoid of a positive act by the accused to instigate or aid in committing suicide, conviction under Section 306 o.....

Tags : Gujarat High Court, Section 306 of the Indian Penal Code, Positive Act of Instigation

Punjab & Haryana HC: No Compromise with Dead Man, FIR u/s 306 IPC Can't Be Quashed on Compromise(04.04.2022)

Punjab and Haryana High Court has dismissed the petition which seeks quashing of a First Information Report under Section 306 Indian Penal Code, 1860 .....

Tags : Punjab and Haryana High Court, quashing of an FIR, Section 306 Indian Penal Code, 1860, compromise

Madras High Court Strikes Down Section 32(2) Of Benami Transaction Act as Unconstitutional(05.04.2022)

Madras High Court has declared that Section 32(2) of the Prohibition of Benami Property Transactions Act, 1988 as unconstitutional and directed the go.....

Tags : Madras High Court, Section 32(2) of the Prohibition of Benami Property Transactions Act, 1988, unconstitutional.

CGST: Refund of Duty Deposit Paid on or After Amendment of 2014 Can Invoke Section 35FF(30.05.2022)

Central Goods and Services Tax Authority, Panipat observed that refund of duty deposit paid on or after the amendment of 2014 can invoke Section 35FF .....

Tags : Central Goods and Services Tax, amendment, Section 35FF

Gujarat High Court Sets Aside Order Which Interfered With Reasoned Arbitration Award(17.06.2024)

Guj. HC while setting aside the order passed by District Judge interfering with arbitral award has held that arbitral awards providing reasoned interp.....

Tags : Gujarat High Court, Section 34, Arbitration and Conciliation Act

Calcutta HC: Order U/S 36 of A&C Act is Interim Order, Can be Modified on Basis of Financial Hardship(10.05.2022)

Calcutta High Court has held that financial hardship and financial indebtedness are sufficient grounds to modify an order passed under Section 36 of t.....

Tags : Calcutta High Court, Arbitration and Conciliation Act, 1996, Section 36, financial hardship, financial indebtedness

Delhi HC Criminalizes Marital Rape; Holds Exception 2 Of Section 375 IPC Unconstitutional(11.05.2022)

Delhi High Court has passed a split verdict challenging the Exception 2 of Section 375 of Indian Penal Code, 1860, exempting forceful sexual intercour.....

Tags : Delhi High Court, Section 375 , sexual intercourse, marital rape, unconstitutional

Non-Consideration of Defence of Accused U/s 313 CrPC can Vitiate Conviction: Supreme Court(01.11.2018)

Supreme Court has held that if there has been no consideration at all of defence taken by accused under Section 313 of the Code of Criminal Procedure,.....

Tags : Supreme Court, Section 313 CrPC

SC: Circumstances Not Put to Accused Under Section 313 CrPC Cannot be Used Against Him(29.09.2020)

Supreme Court has observed that the circumstances not put to an accused under Section 313 of the Code of Criminal Procedure, 1973 cannot be used again.....

Tags : Supreme Court, Circumstances under Section 313 CrPC

Courts can't Mechanically Summon Persons as Accused Not Named in Charge-Sheet: SC(21.11.2018)

Supreme Court has held that power under Section 319 of Cr.P.C to proceed against any person who is not named in F.I.R. or charge sheet does not mean t.....

Tags : Supreme Court, Section 319 Cr.P.c

Accused’s Silence Leads to Adverse Inference Against Him: Supreme Court(27.11.2018)

Supreme Court has held that silence on part of accused as to questions put to him by the court under Section 313 of the Code of Criminal Procedure, in.....

Tags : Supreme Court, Accused's Silence, CrPC Section 313

MP HC: S.375 Marital Sex Exemption Also Provides Exemption Under Section 377 of IPC(22.09.2023)

Madhya Pradesh High Court has held that Section 375 IPC includes all possible parts of penetration by penis and when due to marital sex exemption, the.....

Tags : Madhya Pradesh High Court, Marital Sex Exemption, Consent, Section 377

CCI Orders Probe Against Zomato and Swiggy On Complaint of Anti-Competitive Practices(06.04.2022)

Competition Commission of India has directed the Director General (DG) to investigate and determine whether the conduct of Zomato and Swiggy are anti-.....

Tags : Competition Commission of India, Director General, Zomato, Swiggy, anti-competitive, Section 3(1) and Section 3(4) of the Competition Act, 2002

ITAT, Delhi: Depreciation not Allowable On Non-Compete Fee(06.04.2022)

Income Tax Appellate Tribunal, Delhi has observed that the depreciation is not allowable on non-compete fee under section 32 of the Income Tax Act, 19.....

Tags : Income Tax Appellate Tribunal, depreciation, non-compete fee, section 32 of the Income Tax Act, 1961

Kerala HC: Waiver of Pre-Deposit u/s 35F for Filing Appeal Destroy Legislative Intent(07.04.2022)

Kerala High Court has observed that waiver of pre-deposit for filing appeal under section 35F of the Central Excise Act, 1944 would destroy the legisl.....

Tags : Kerala High Court, waiver, pre-deposit, section 35F Central Excise Act, 1944, legislative intent

Karnataka HC: Rape on Woman's Dead Body Will Not Attract Section 376 of IPC(01.06.2023)

Karnataka High Court while acquitting a man of rape charges for committing sexual assault on dead body of a 21 years old girl, after murdering her has.....

Tags : Karnataka High Court, Dead Body, Section 376 IPC

Gujarat HC Upholds Vires of Provision Denying Deduction for Payments to Eligible Project or Scheme(04.10.2017)

Gujarat HC has upheld vires of Sub-section 7 of Section 35AC of Income Tax Act according to which benefit of deduction under Section 35AC of Act is no.....

Tags : Gujarat HC, Section 35AC of Income Tax Act

All. HC: Application u/s 34 Can’t be Dismissed for Non-Filing of Certified Copy if Explanation Given(03.10.2024)

All. HC has observed that in an application under Section 34 of Arbitration and Conciliation Act, 1996, signed copy of award given by arbitrator must .....

Tags : Allahabad High Court, Section 34, Certified Copy

Must AddSection 304(II) of IPC In Accidents Involving Drunk Drivers(10.12.2024)

Calcutta HC has stated that in all cases of drinking and driving, where an accident had occurred, culpable homicide not amounting to murder underSecti.....

Tags : Calcutta High Court, Section 304(II), Reckless Driving

SC: Refusing to Marry Someone Doesn’t Attract Offence of Abetment to Suicide(02.12.2024)

Supreme Court while setting aside conviction of a person charged with abetment to suicide, has observed that merely refusing to marry someone will not.....

Tags : Supreme Court, Abetment to Suicide, Section 306

Guj. HC: Can’t Raise Plea of Not Receiving Signed Copy of Award for the First Time in Appeal(19.02.2025)

Gujarat High Court has observed that the plea that signed copy of the award was not received by the party cannot be raised for the first time in appea.....

Tags : Gujarat High Court, Signed Copy, Section 37

Cal. HC: Mere Threat of Criminal Case Not Sufficient to Attract Offence of Abetment of Suicide(20.02.2025)

Cal. HC has observed that a threat of implicating someone with false criminal case does not gain status of abetment to commit suicide by the victim. T.....

Tags : Calcutta High Court, Section 306 IPC, Abetment of Suicide

SC: Well-Settled in Our Jurisprudence That Bail is the Rule, And Jail is the Exception(04.03.2025)

Supreme Court has observed that it is well-settled in our jurisprudence that bail is the rule, and jail is the exception. This rule must be applied wh.....

Tags : Supreme Court, Section 390, Acquitted Accused

SC: Considering Section 319 CrPC Application After Trial Based On HC's Revision Order Not Illegal(10.03.2025)

SC has observed that if HC passes an order in exercise of its revisional jurisdiction by either setting aside or modifying the order of Trial Court fo.....

Tags : Supreme Court, High Court, Section 319

Chhattisgarh HC: Husband’s Unnatural Sex with Wife is not an Offence(12.02.2025)

Chhattisgarh High Court has held that a husband committing non-consensual anal sex or any other non-consensual sexual act, cannot be held liable for r.....

Tags : Chhattisgarh High Court, Unnatural Sex, Section 375

SC: Not Necessary to Establish Guilt Beyond Reasonable Doubt to Summon Additional Accused(08.05.2025)

Supreme Court has held that it is not necessary to establish guilt beyond a reasonable doubt in order to summon an additional accused under Section 31.....

Tags : Supreme Court, Section 319, Additional Accused

J&K HC: S. 37 of NDPS Act Comes Into Play When Bail of Accused is Being Considered on Merits(09.05.2025)

J&K HC has observed that Section 37 of NDPS Act comes into play when bail of an accused involving commercial quantity of contraband is being considere.....

Tags : J&K High Court, Section 37, Commercial Quantity

Delhi HC: JD Cannot Move Objections u/s 47 of CPC against Execution of Award(14.05.2025)

Delhi High Court has observed that a judgment debtor (JD) cannot move objections under Section 47 of CPC, 1908 against application for execution of aw.....

Tags : Delhi High Court, Judgment Debtor, Section 36

Delhi HC: Mere Suspicion of an Affair does Not Meet Threshold of Section 306 of IPC(15.05.2025)

Delhi High Court has stated that with respect to charge under Section 306 IPC, the law requires a clearly discernible act of instigation, provocation,.....

Tags : Delhi High Court, Section 306, Suspicion of Affair

SC: Arbitral Tribunal Has Discretion to Include in Sum Awarded, Interest at Rate as it Deems Reasonab(19.05.2025)

SC has observed that arbitral tribunal has discretion to include in the sum awarded, interest at such rate as it deems reasonable on the whole or any .....

Tags : Supreme Court, Arbitral Tribunal, Section 31(7)(a)

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