While inordinate delay in itself may not be ground for quashing of a criminal complaint, in such cases, unexplained inordinate delay of such length must be taken into consideration as a very crucial factor as grounds for quashing a...
2022SCJ
After due deliberation and discussion and after completing the consultative process, when a final decision is taken and thereafter, the resolution is drawn and signed by the members of the Collegium can be said to be a final decision...
The expression "paid" in the main part of Section 24(2) of the 2013 Act does not include a deposit of compensation in court. The consequence of non-deposit is provided in the proviso to Section 24(2) in case it has...
being fact finding authorities, both the Disciplinary Authority and the Appellate Authority are vested with the exclusive power to examine the evidence forming part of the inquiry report. On finding the evidence to be adequate and reliable during the...
Considering the fact that the charge-sheet has already been filed, the accused is already charge-sheeted and the relevant material is also now a part of the charge-sheet, the same is required to be considered by the High Court. Therefore,...
IMPORTANCE OF PLEADING IN NI ACT-It is necessary to specifically aver in a complaint under Section 141 that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business...
SARFAESI Act, 2002-Although the respondent borrowers initially approached the Debts Recovery Tribunal by filing an application under Section 17 of the SARFAESI Act, 2002, but the order of the Tribunal indeed was appealable under Section 18 of the Act...
DEFAMATION-There is no statutory immunity for the Managing Editor, Resident Editor or Chief Editor against any prosecution for the alleged publication of any matter in the newspaper over which these persons exercise control. In all these cases, the complainants...
Prevention of Money Laundering Act-Proceeds of crime-By handing over money with the intent of giving bribe, such person will be assisting or will knowingly be a party to an activity connected with the proceeds of crime. Without such active...
PROTECTION FROM ARREST GRAMTED-The case on hand is a case where the criminal law is directed to be set in motion on the basis of the allegations made in anonymous petition filed in the High Court. No judicial order...
The Prevention of Money Laundering Act, 2002 ("2002 Act"), money laundering is an independent offence and in the event there is any allegation of the Enforcement Directorate having acted beyond jurisdiction or their act of arrest is not authorized...
BAIL CANCELLED-There can be no manner of doubt that the protection of personal liberty under Article 21 is a constitutional value which has to be respected by the High Court, as indeed by all courts. Equally, in a matter...
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