Criminal Procedure Code, 1973, Section 50 -- Arrest - Grounds of arrest must be provided to arrestee in terms of Art. 22(1) of Constitution - However, mode of furnishing such grounds of arrest, shall depend upon statutory prescription, if any and in the absence of any prescription of furnishing written grounds of arrest, arresting authority must ensure compliance of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Father of plaintiff acquired property by way of partition that took place in 1986, which fell in his hands as his self-acquired property - Admittedly, plaintiff does not fall in any of categories of Class I heirs of grandfather as prescribed u/s 8 of Hindu Succession Act and inheritance..........
Negotiable Instruments Act, 1881, Section 138, 141, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Offence by Company - Quashing of summoning order - Once cheques stood drawn on behalf of company, arraigning of Company as an accused is imperative - However, since there is no recital regarding compliance of S.138 r/w S.142 of the N.I. Act..........
Will -- Attestation - Propounder of Will is not obligated to examine both attesting witnesses and testimony of one attesting witness if it meets statutory requirements and withstands judicial scrutiny is adequate to discharge burden of proof in law...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Condonation of delay in filing complaint - Filing of application for condonation of delay is statutory mandate - Reasons for delay should be disclosed - Court to consider reasons disclosed independently and to come to a judicious conclusion that in the facts and circumstances of the case..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(1) -- (Criminal Procedure Code, 1973, S.167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.36-A(4), 21, 29 - Default bail - Merely because petitioners are alleged to be habitual offenders, that would not disentitle them for grant of statutory bail...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(1) -- (Criminal Procedure Code, 1973, S.167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.36-A(4), 21, 29 - Default bail - Offences for which petitioners have been charged are punishable with imprisonment for a term which may extend upto 10 years, there being no minimum of 10 years - Merely because..........
Indian Penal Code, 1860, Section 376DA, 376DB -- Rape - Sentence - Right to seek remission is not only a constitutional right but also a statutory right - Even in a case where punishment is awarded u/s 376-DA or S.376-DB IPC to the effect that accused shall be punished with imprisonment for life, which shall mean imprisonment for remainder of that person's natural life..........
Arbitration and Conciliation Act, 1996, Section 31(7)(b) -- Arbitral award - Pendente-lite interest - Agreement between parties proscribes grant of pendente-lite interest, when read as a whole, does not expressly or by necessary implication proscribes grant of pendente lite interest by arbitral tribunal - Clause merely says that there would be no interest payable by..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2016, Section 12A -- Rejection of plaint - Non-compliance of S.12-A of Commercial Courts Act - Plaintiff itself alleges in plaint that infringement was being done by defendants since April 2023 - There is no whisper in application as to what necessitated plaintiffs to seek urgent relief, by bypassing..........
