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Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) — Insolvency and Bankruptcy Code, 2016 (IBC) – Repeal of SICA and Abatement of Proceedings – Companies whose proceedings were pending before BIFR/AAIFR could approach NCLT within 180 days of IBC enactment – Failure to do so results in abatement and revival of earlier orders, like winding up recommendation. Prevention of Corruption Act, 1988 — Sections 7 and 13(1)(d) read with 13(2) — Demand and Acceptance of Bribe — Ingredients for establishing guilt of public servant under Section 7 and 13(1)(d) include proof of demand and acceptance of illegal gratification, which are sine qua non — While acceptance of bribe was admitted, the proof of demand was the crucial aspect in this case. Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits. Air Force Act, 1950 — Section 19 — Air Force Rules, 1969 — Rule 16 — Administrative action after discharge from criminal court — Initiation of administrative action for disciplinary purposes is not permissible if the matter has already been decided by a criminal court by way of discharge, as discharge signifies no sufficient grounds for proceeding, placing the individual on a better footing than acquittal and thus ending the matter. Prevention of Corruption Act, 1988, Section 13(1)(d) — Disproportionate Assets — Chargesheet splitting — Allegations of acquiring disproportionate assets and tribal lands misuse — Two separate chargesheets filed from the same FIR, R.C — Case No 04(A)/2010-AHD-R(B) and R.C — Case No 04(A)/2010-AHD-R(C) — Overlapping allegations in both cases — Plea of double jeopardy raised — Supreme Court noted overlapping allegations and previous conviction with suspended sentence, inclined to grant bail in the present case as well.
Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) — Insolvency and Bankruptcy Code, 2016 (IBC) – Repeal of SICA and Abatement of Proceedings – Companies whose proceedings were pending before BIFR/AAIFR could approach NCLT within 180 days of IBC enactment – Failure to do so results in abatement and revival of earlier orders, like winding up recommendation.
Constitution Corporate
Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) — Insolvency and Bankruptcy Code, 2016 (IBC) – Repeal of SICA and Abatement of Proceedings – Companies whose proceedings were pending before BIFR/AAIFR could approach NCLT within 180 days of IBC enactment – Failure to do so results in abatement and revival of earlier orders, like winding up recommendation.
Prevention of Corruption Act, 1988 — Sections 7 and 13(1)(d) read with 13(2) — Demand and Acceptance of Bribe — Ingredients for establishing guilt of public servant under Section 7 and 13(1)(d) include proof of demand and acceptance of illegal gratification, which are sine qua non — While acceptance of bribe was admitted, the proof of demand was the crucial aspect in this case.
Corruption
Prevention of Corruption Act, 1988 — Sections 7 and 13(1)(d) read with 13(2) — Demand and Acceptance of Bribe — Ingredients for establishing guilt of public servant under Section 7 and 13(1)(d) include proof of demand and acceptance of illegal gratification, which are sine qua non — While acceptance of bribe was admitted, the proof of demand was the crucial aspect in this case.
Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.
Consumer
Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.
Air Force Act, 1950 — Section 19 — Air Force Rules, 1969 — Rule 16 — Administrative action after discharge from criminal court — Initiation of administrative action for disciplinary purposes is not permissible if the matter has already been decided by a criminal court by way of discharge, as discharge signifies no sufficient grounds for proceeding, placing the individual on a better footing than acquittal and thus ending the matter.
Service
Air Force Act, 1950 — Section 19 — Air Force Rules, 1969 — Rule 16 — Administrative action after discharge from criminal court — Initiation of administrative action for disciplinary purposes is not permissible if the matter has already been decided by a criminal court by way of discharge, as discharge signifies no sufficient grounds for proceeding, placing the individual on a better footing than acquittal and thus ending the matter.
Cr P C

Summons—Revision under S 397(2) Cr PC against order of issue of process is maintainable Cognizance of Offence—While taking cognizance of an offence under Section 190 (1) (b) CrPC, the Magistrate does not has to record reasons for its satisfaction of sufficient grounds for issuance of summons

Mar 21, 2019 sclaw

2019(1) Law Herald (SC) 511 : 2019 LawHerald.Org 598 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice Indira Banerjee Hon’ble Mrs. Justice R. Baumathi Criminal Appeal No. 224…

I P C

Rape–Medical certificate granted by the Doctor suggests that the Hymen was torn at 6’O clock position and the rugosity was lost–There was no reason for the poor girl to falsely implicate the accused. Rape–Defence cannot take advantage of bad investigation where there is clinching evidence available to the prosecution–Truthful version of the prosecutrix cannot be ignored.

Mar 17, 2019 sclaw

2009(1) LAW HERALD (SC) 593 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S.Sirpurkar Criminal Appeal No. 222 of 2009 (Arising…

Rent

Landlord & Tenant-Eviction-Revision of Rent-Agreed rent which was being paid by the tenant with annual increment decided at the time of creation of tenancy (10%) is not liable to re-determined as per amendment in statutory Act fixing rate of annual increment (7.5%)–Rate of annual increment would be applicable after the commencement of amendment–Tenant cannot unilaterally revise the rent already paid as statutory amendment

Mar 17, 2019 sclaw

2019(1) Law Herald (SC) 493 : 2019 LawHerald.Org 556 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal Nos. 12561-12562…

Consumer

Consumer Protection Act, 1986, S.27–Imposition of Penalty-Appellant was shown as Secretary of the Society during the relevant period—For the default committed by a Credit Society (non return of amount invested alongwith interest as assured) and in absence of any personal liability imposed on the appellant, no order for imprisonment can be ordered for imprisonment of appellant

Mar 17, 2019 sclaw

2019(1) Law Herald (SC) 572 : 2018 LawHerald.Org 2135 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. Subhash Reddy Hon’ble Mr. Justice Uday Umesh Lalit Civil Appeal…

Consumer

Consumer Protection Act, 1986, S. 12–Medical Negligence-Vegetative State–Child aged two and half years underwent minor survey but thereafter developed respiratory distress and has been reduced to a vegetative state–Forums below had awarded Rs. 10 lakhs as compensation payable jointly by surgeon and the anesthetist-Compensation enhanced further by Rs.7 lakhs

Mar 17, 2019 sclaw

2019(1) Law Herald (SC) 552 : 2019 LawHerald.Org 602 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjay Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

Cr P C

Criminal Procedure Code, 1973, S.456–Forcible Dispossession-Restoration of Possession—Limitation-Limitation of 30 days filing an application would apply only if the Trial Court had not passed any order in respect of the case property while convicting the accused—No limitation has been provided for the higher courts to make an order for restoration of possession while disposing the proceedings before it. 

Mar 17, 2019 sclaw

2019(1) Law Herald (SC) 535 : 2019 LawHerald.Org 60O IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Deepak Gupta Criminal Appeal No. 1104 of 2011 Mahesh Dube v.…

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Constitution Corporate

Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) — Insolvency and Bankruptcy Code, 2016 (IBC) – Repeal of SICA and Abatement of Proceedings – Companies whose proceedings were pending before BIFR/AAIFR could approach NCLT within 180 days of IBC enactment – Failure to do so results in abatement and revival of earlier orders, like winding up recommendation.

Apr 16, 2026 sclaw
Corruption

Prevention of Corruption Act, 1988 — Sections 7 and 13(1)(d) read with 13(2) — Demand and Acceptance of Bribe — Ingredients for establishing guilt of public servant under Section 7 and 13(1)(d) include proof of demand and acceptance of illegal gratification, which are sine qua non — While acceptance of bribe was admitted, the proof of demand was the crucial aspect in this case.

Apr 16, 2026 sclaw
Consumer

Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.

Apr 16, 2026 sclaw
Service

Air Force Act, 1950 — Section 19 — Air Force Rules, 1969 — Rule 16 — Administrative action after discharge from criminal court — Initiation of administrative action for disciplinary purposes is not permissible if the matter has already been decided by a criminal court by way of discharge, as discharge signifies no sufficient grounds for proceeding, placing the individual on a better footing than acquittal and thus ending the matter.

Apr 16, 2026 sclaw