14/09/2023
[S. 227 CrPC] A notarised affidavit subsequently signed by the de facto complainant cannot be considered in isolation to discharge the accused.–– Kerala High Court The Court explicated that if there is sufficient ground for presuming that the accused has committed an offence, an order of discharge cannot be passed and the accused has to face trial. Citing so Revision Petition preferred by the Accused No 3 for his discharge on the basis that the investigating authorities had arbitrar...
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In criminal law individual responsibility and accountability of the directors of the amalgamating company remains unaffected by the amalgamation. - Supreme Court Supreme Court answers whether a transferee entity can be fastened with corporate criminal liability for the offences which the amalgamating entity is accused of. The Court clarified that criminal liability can neither be attributed to the transferee company nor its directors, brought in after the amalgamation, whose appointments were a...
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Meat remains excluded from the midday meals menu in Lakshadweep. Supreme Courts upholds the policy decision of the Lakshadweep Administration to exclude chicken and other meat from the menu of midday meals for school children. Ajmal Ahmedv.Union of India & Ors. Hon’ble JusticeAnirudha Bose andHon’ble JusticeBela M. Trivedi Decided on 14th September, 2023
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A third party cannot prosecute the drawer of cheque for the offence punishable under Section 138 of the NI Act. Kerala High Court explains that a complaint alleging commission of offence punishable under Section 138 of the NI Act shall be filed either by the 'payee' or by the 'holder in due course' of the said cheque and no other person is entitled to lodge a complaint. Arvind Singh Rajpoot v. M/S.Intersight Holidays Pvt. Ltd Hon’ble Justice A. Badharudeen Decided on 21st...
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When no time is fixed for specific performance of a contract, the period of limitation runs from the date on which the plaintiff had notice of refusal on part of the defendant to perform the contract. – Supreme Court Valliammai v. K.P. Murali Hon’ble Justice Sanjiv Khanna & Hon’ble Justice Bela M. Trivedi Decided on September 12, 2023 For full textclick here
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