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Constitution of India, 1950 — Article 32 — Criminal Procedure Code, 1973 (CrPC) — Sections 154, 173 — Clubbing/Transfer of FIRs — Multiple FIRs registered against petitioners in different jurisdictions arising from same set of transactions relating to a real estate project — Held, multiplicity of FIRs and parallel investigations on same facts leads to avoidable multiplicity of proceedings, conflicting findings and serious prejudice to the accused — Principle laid down in T.T — Antony v — State of Kerala, (2001) 6 SCC 181, that there cannot be multiple FIRs for the same occurrence or transaction, squarely applies — FIR No. 30/2019 (EOW, Delhi) directed to be transferred and clubbed with FIR No. 439/2024 (Gurugram, Haryana) for investigation — Blanket direction restraining coercive steps in future FIRs declined, but petitioners permitted to avail remedies in law if future FIRs are based on the same transaction. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Abuse of Process of Court — Discharge of Accused — Vague Allegations — Where allegations in FIR and charge sheet are general and do not specify the role of the accused, continuation of criminal proceedings amounts to abuse of process of court and may cause prejudice. Civil Procedure Code, 1908 (CPC) — Section 2(2), Order 20 Rule 18 — Preliminary vs. Final Decree — A Preliminary Decree declares rights and liabilities, leaving actual results to be worked out in further proceedings — A Final Decree is passed after further inquiries, completely disposing of the suit — A Preliminary Decree cannot be executed directly unless it is partly final — Provisions of Order 20 Rule 18 allow a court to pass a Preliminary Decree declaring rights and giving further directions if partition cannot be conveniently made without further inquiry in suits for partition of immovable property — The Supreme Court noted that the High Court erred by focusing on the nomenclature of the decree rather than its executable portions, especially when the property was not divisible by metes and bounds. Unlawful Activities (Prevention) Act, 1967 — Section 43-D(5) — Bail — Constitutional Courts’ power to grant bail — The Supreme Court reiterated that statutory restrictions on bail under the UAP Act do not oust the power of constitutional courts to grant bail on grounds of violation of fundamental rights, particularly the right to a speedy trial under Article 21 of the Constitution — The Court emphasized that the rigors of Section 43-D(5) can “melt down” when there is no likelihood of trial completion within a reasonable time and the period of incarceration is substantial. Penal Code, 1860 (IPC) — Section 304-A — Causing death by negligence — Motor Vehicles Act, 1988 — Section 134(b) and Section 187 — Duty of driver in case of accident and injury to a person and Punishment for offences relating to accident — Appeal against conviction and sentence — Driver convicted under Section 304-A IPC and Sections 134(b) and 187 MVA — High Court partly allowed revision, setting aside conviction for Section 279 IPC but maintaining conviction for Section 304-A IPC.

Appeal–Dismissal of an appeal for default or non-prosecution without going into the merits of the case is clearly illegal and the Appellate Court must dispose of the appeal on merits after perusal and scrutiny of record and after giving a hearing to the parties, if present, before disposal of the appeal on merits

2008(1) LAW HERALD (SC) 225 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Tarun Chatterjee Criminal Appeal No. 884 of 2001…

Transfer of Property—Part Performance—Mere expiry of the period of limitation for a suit for specific performance may not be a bar for a person in possession of an immovable property in part performance of a contract to assert the shield of Section 53A of T.P. Act

2017(3) Law Herald (P&H) 2065 (SC) : 2017 LawHerald.Org 1133            IN THE SUPREME COURT OF INDIA Before                      The Hon’ble Mr. Justice Dipak Misra                     The Hon’ble Mr. Justice…

Copyright–The judgments of the Apex court would be in the public domain and its reproduction or publication would not infringe the copyright–The reproduction or publication of the judgments by any number of persons would not be infringement of a copyright of the first owner namely, the Government, unless it is prohibited. Copyright–Judgments of Court–Whether the inputs put by the appellants in the copy-edited judgments published in their journal ‘SCC’ touch the standard of creativity required for the copyright, discussed.

2008(1) LAW HERALD (SC) 179 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Justice P.P. Naolekar Civil Appeal No. 6472 of 2004…

Rent Law–Eviction Proceedings–Joint Family Property–Filing of eviction suit by a junior member of the HUF–Maintainability of. Rent–Increase of–Landlord can issue a notice under section 6A of the Act for increase of rent when the petition for eviction of the tenancy was pending before the Rent Controller and where there had been an order to the tenant for deposit of rent on a month to month basis u/s 15 of the Act.

2008(1) LAW HERALD (SC) 166 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.Sathasivam Civil Appeal No. 5761 of 2007 M/s…

Service Matters

Subsistence Allowance–Non payment of–It must be shown that because of non-payment of subsistence allowance during the period of suspension the employee was not in a position to participate in the proceedings or that any other prejudice in effectively defending the proceedings was caused to him.

2008(1) LAW HERALD (SC) 161 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi  Appeal (civil) 587 of 2005…

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