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Landmark Judgments and Articles on Law

SC lay down tests to determine the Arbitrable dispute if one party alleges fraud

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5145 OF 2016 AVITEL POST STUDIOZ LIMITED Vs HSBC PI HOLDINGS (MAURITIUS) LIMITED Dated:August 19, 2020. 1. These two appeals being Civil Appeal No. 5145 of 2016 by Avitel Post Studioz Ltd. [“Avitel India”]…

SC: An Accused who was released on Default Bail cannot be re-arrested on filing of Charge Sheet

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 15 OF 2021 (Arising out of SLP (Crl.) No. 5715 of 2020) KAMLESH CHAUDHARY Appellant (s) VERSUS THE STATE OF RAJASTHAN Respondent(s) O R D E R Leave granted. The appellant is accused…

SC: Closure Report cannot be Filed merely because Informant did not supply adequate evidence to Investigate

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CRL.) NO.6951 OF 2018 AMAR NATH CHAUBEY …PETITIONER (S) VERSUS UNION OF INDIA AND OTHERS …RESPONDENT(S) ORDER One Shri Ram Bihari Chaubey, the father of the petitioner, was shot dead at his residence…

Whether court should draw adverse inference if party fails to depose before court?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1725 OF 2010 IQBAL BASITH AND OTHERS Vs N. SUBBALAKSHMI Author: NAVIN SINHA, J. Dated: DECEMBER 14, 2020. The plaintiffs are in appeal against the concurrent findings by two courts, rejecting their plaint seeking the…

Whether court must hear Accused before setting aside Dismissal of Criminal complaint U/S 203 of CrPC?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 2183 of 2011 Decided On: 18.06.2020 Subhash Sahebrao Deshmukh Vs. Satish Atmaram Talekar and Ors. Hon’ble Judges/Coram: Navin Sinha and Indira Banerjee, JJ. 1. The Petitioner, an Accused in the complaint case, is aggrieved by the…

SC: Precaution to be taken by court before Granting police aid for Execution of decree

IN THE SUPREME COURT OF INDIA Civil Appeal No. 8175 of 2019 Decided On: 21.10.2019 Om Parkash Vs   Amar Singh and Ors. Hon’ble Judges/Coram: Navin Sinha and B.R. Gavai, JJ. Citation: MANU/SC/1447/2019,2020(2) MHLJ 803 1. Leave granted. 2. The Appellant-Om Parkash is the decree holder aggrieved…

SC: Validity of Stay is 6 months only unless extended for good reason

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. 1577 OF 2020 IN CRIMINAL APPEAL NOS. 1375-1376 OF 2013 ASIAN RESURFACING OF ROAD AGENCY PVT. LTD. & ANR. Appellant(s) VERSUS CENTRAL BUREAU OF INVESTIGATION Respondent(s) O R D E R Having heard…

Whether the court can infer that accused intended to murder deceased if he had given a blow by lathi?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 616 OF 2020 (Arising out of SLP (Crl.) No.7416 of 2018) JUGUT RAM …APPELLANT(S) VERSUS THE STATE OF CHHATTISGARH ..RESPONDENT(S) JUDGMENT NAVIN SINHA, J. Leave granted. 2. The appellant assails his conviction under…

Certificate under Section 65­B(4) is not always mandatory.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 20825-­20826 OF 2017 ARJUN PANDITRAO KHOTKAR ….APPELLANT(S) VERSUS KAILASH KUSHANRAO GORANTYAL AND OTHERS …RESPONDENT(S) WITH CIVIL APPEAL NO(s). 2407 OF 2018 VIJAY ….APPELLANT(S) VERSUS ARJUN AND OTHERS …RESPONDENT(S) CIVIL APPEAL NO(s). 3696 OF…

Whether court should quash second FIR if it is based same facts with additional sections under IPC?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 237 of 2020 Decided On: 07.02.2020 Prem Chand Singh Vs. The State of Uttar Pradesh and Ors. Hon’ble Judges/Coram: Navin Sinha and Krishna Murari, JJ. Citation: (2020) 3 SCC 54,MANU/SC/0136/2020 1. Leave granted. 2. The Appellant…

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