Criminal trial -- Financial/monetary disputes - Where several persons named in complaint, due diligence be applied by conducting some sort of pre-registration inquiry in accordance with law by some economic offences cell, dealing with such financial disputes between private parties prior to finalization of complaint, converting into FIR/registration of criminal case...........
Commercial Courts Act, 2015, Section 12A -- Pre-institution mediation - Order granting dispensation of mandatory requirements of pre-institution mediation - No reasoning was assigned by Commercial Court while dispensing with mandatory requirements of application u/s 12-A of the Act - Rather contents of application u/s 12-A of the Act are contrary to reasoning assigned..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory Bail - Custodial interrogation - Interrogation of influential person involved in corruption cases, is important for disinterring useful information and concealed material - However, success in such interrogation would elude if the suspected person knows that he is..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Commercial suit - Rejection of plaint - Non-compliance of provision of S.12-A of Commercial Courts Act - If suit is instituted on or after 20.8.2022, without complying with S.12-A of Commercial Courts Act, then it must meet with rejection U.O.7.R.11 CPC, either on an application by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Wrong khasra number was mentioned in plaint - Amendment sought is necessary to fully and properly adjudicate the case - Issues had not been framed and suit was at pre trial stage - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 186, 379, Mines and Minerals (Regulation and Development) Act, 1957, Section 21 -- Anticipatory bail - Offence u/ss 353, 186, 379 IPC and S.21 of Mines and Minerals Act - Petitioner is alleged to have done illegal mining by using a tipper vehicle which was driven by him - Said vehicle already..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 338(3), 340(2), 61(2) -- Bail - Offence u/ss 338(3), 340(2), 61(2) BNS - Cyber Fraud - There is sufficient prima facie evidence connecting petitioner with alleged crime - However, pre-trial incarceration should not be a replica of post-conviction sentencing - Petitioner's total..........
Commercial Courts Act, 2016, Section 12A -- Pre-institution mediation - Commercial suit - Plaintiff filed recovery suit but no urgent relief is prayed for - Dispensation of requirement u/s 12-A of the Act, as granted, revoked...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18 -- Appeal - Pre-deposit - If any final order is passed by DRT, determining the liability of borrower or any other liability of any person, and an appeal is preferred u/s 18 of the Act to the appellate tribunal, provision of pre-deposit would come into play...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18 -- Appeal - Pre-deposit - If any person which should also include a borrower is aggrieved by any order made by DRT u/s 17 of the Act, he may prefer an appeal subject to pre-deposit...........
