Supreme Court

29th Mar, 2015

Power to quash criminal proceedings in an offence under Section 141 N I Act must be exercised carefully

Supreme Court in the case namely Rallis India Ltd. vs. Poduru Vidya Bhusan and Ors., decided on 13.04.2011 (MANU/SC/0422/2011), dealt with the issue of exercise of power by High Court under Section 482 of the […]
29th Mar, 2015

Minutes of meeting cannot override statutory regulation unless duly complied rules of business

Unless the minutes of meeting resulted in a final decision taken by the competent authority in terms of Article 77(3) of the Constitution and the decision so taken is communicated to the concerned person, the […]
29th Mar, 2015

Amendment made to Section 143(1) of Income Tax Act 1961 is merely clarificatory

The word “income” would include within it both profits as well as losses. In other words, loss is negative profit. Both positive and negative profits are of a revenue character and must enter into computation, […]
29th Mar, 2015

Abuse of Section 156(3) Cr P C restricted-protection offered to statutory authorities

The duty cast on the Magistrate while exercising power Under Section 156(3) Code cannot be marginalized. The Magistrate has to remain vigilant with regard to the allegations made and the nature of allegations and not […]
25th Mar, 2015

Section 66A of the Information Technology Act 2000 struck down as unconstitutional #indianlaws

A set of writ petitions came up before the Apex Court raising an important and far-reaching questions relatable primarily to the fundamental right of free speech and expression guaranteed by Article 19(1)(a) of the Constitution […]
18th Mar, 2015

Legality of charging and claiming interest by Banks/Financial Institutions #indianlaws

Supreme Court in the case namely Central Bank of India vs. Ravindra and Ors., decided On: 18.10.2001 (MANU/SC/0663/2001 = AIR2001SC3095), dealt with the question as to what is the meaning to be assigned to the […]
18th Mar, 2015

Law laid down as declaratory in nature, is to be reckoned as law always #indianlaws

It would be open to the parties to exclude the application of the provision of Part I by express or implied agreement. Unless there is express or implied exclusion, the whole of Part I would […]
14th Mar, 2015

High Court cannot entertain a Petition under Article 226 against the Armed Forces Tribunal

The Supreme Court pointed out if the High Court entertains a petition Under Article 226 of the Constitution of India against order passed by Armed Forces Tribunal Under Section 14 or Section 15 of the […]
7th Mar, 2015

Jurisdiction of Civil Court, where there is an arbitration clause between the parties

In this particular matter the dispute was between lender-Sundram Finance and borrowers-Respondent no. 1 and 2. A suit was instituted by the Respondents, wherein an application under Section 8 of Arbitration and Conciliation Act, 1996 […]
5th Mar, 2015

Interpreting “Consideration Paid or Consideration Provided” in reference to Benami Transaction

The Court in the case namely Pawan Kumar Gupta vs. Rochiram Nagdeo, decided on 20.04.1999(Civil Appeal No. 2369 of 1999) (MANU/SC/1187/1999: AIR1999SC1823), besides other issues dealt with the issue relating to Benami Transaction. As per […]
5th Mar, 2015

Ex-parte decree in summary suit not be lightly distrubed

Setting aside of ex-parte decree under Order XXXVII Rule 4 of the Code cannot be allowed in routine and special circumstances are required to be established. However, the expression “special circumstances” has to be construed […]
23rd Feb, 2015

Compensation for damage payable even if no damage proved

Section 74 of the Indian Contract Act deals with the measure of damages in two classes of cases:  (i) Where the contract names a sum to be paid in case of breach; and (ii) where […]