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First Information Report—There is no hard and fast rule that the FIR must always contain the names of all persons who were involved in the commission of an offence.
Bysclaw
Apr 8, 2017By sclaw
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M.P. Excise Act, 1915 – The case involves the applicability of a rule for imposing penalties related to the liquor license period of 2009-10 and whether the old or substituted rule should apply – The main issue is whether the penalty should be based on the rule in place during the violation (2009-10) or the substituted rule from 2011, which reduced the penalty – The appellant argues for the application of the substituted rule, which imposes a lower penalty, as the old rule was repealed – The State contends that the old rule should apply to transactions from 2009-10, despite the substitution – The Supreme Court accepted the appellant’s contention, applying the substituted rule to pending proceedings – The Court reasoned that the purpose of the amendment was to balance the offence and penalty, and not applying the substituted rule would not serve public interest – The Court distinguished between the effects of repeal and substitution of rules, emphasizing that the substituted rule should apply from the date of substitution – The appeals were allowed, setting aside the High Court’s judgment, and the penalty was determined based on the substituted rule from 2011.
Apr 27, 2024
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Gujarat Prohibition Act, 1949 Sections 65(a)(e),81,98(2) and 116(2) and Penal Code, 1860 (IPC) – Sections 465, 468, 471 and 114 – Court reasoned that the appellant should have approached the criminal court under Section 451 Cr.P.C instead of directly filing a Special Criminal Application under Article 226/227 of the Constitution – The Court applied the doctrine of harmonious construction to interpret Section 98 of the Gujarat Prohibition Act in conjunction with the Cr.P.C – The appeal was dismissed, with the Court stating that the appellant is free to approach the concerned court regarding the custody of the vehicle.
Apr 13, 2024
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Bombay Stamp Act, 1958 – Section 9 – Refund of stamp duty paid for an increase in share capital – The Supreme Court examined whether Form No. 5 is an “instrument” under the Stamp Act and if the notice of increased share capital materially alters the Articles of Association, requiring fresh stamp duty – The Court upheld the High Court’s decision, stating that the Articles of Association are the only instruments liable for stamp duty and that the maximum cap applies as a one-time measure – The appellants were directed to refund the stamp duty with interest.
Apr 7, 2024
sclaw