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Negotiable Instruments Act, 1881 — Sections 138 & 141 — Insolvency and Bankruptcy Code, 2016 (IBC) — Part III (Personal Insolvency) — Moratorium Provisions — Criminal Proceedings vs. Civil Liability — Dishonour of cheque is a criminal offence due to specific deeming fiction in Section 138, not merely a civil wrong for debt recovery, even though it arises from a debt — Held, moratorium under IBC Part III does not stay criminal proceedings under Section 138 of NI Act. Insolvency and Bankruptcy Code, 2016 (IBC) — Corporate Insolvency Resolution Process (CIRP) — Letter of Intent (LoI) — Appellant’s claim that LoIs were conditional due to clauses concerning pending judicial orders and staff/employee litigation rejected — NCLT and NCLAT found appellant was aware of these issues and discussions in CoC meetings — Appellant’s arguments of conditional LoI were considered an “after-thought” and an attempt to renege from the plan. Central Excise Act, 1944 — Section 2(f) — Manufacture — Two-fold test — For an activity to be considered “manufacture,” it must result in new, distinct goods with a new identity, character, or use (transformation test), and these resultant goods must be marketable — Both tests must be satisfied. –Section 35L(2) — Amendment retrospectivity — Amendment clarifying that taxability or excisability of goods is included in “determination of any question having a relation to the rate of duty” is clarificatory and retrospective in nature. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — High Court’s power to quash proceedings is distinct from compounding offences under Section 320 CrPC and can be invoked even for non-compoundable offences — Inherent power to be exercised to secure ends of justice or prevent abuse of process of court — Nature and gravity of offence to be considered — Heinous offences generally not quashed, but cases with overwhelming civil flavour, particularly arising from commercial/financial transactions, may be quashed if parties have settled disputes and conviction is remote, to prevent oppression and injustice. Service Law — Termination of probationer — Regulation 16(3)(a) of Vijaya Bank (Officers’) Regulations, 1982 — Termination simpliciter vs — punitive termination — Termination deemed punitive if based on allegations of misconduct without due process, even if framed as unsatisfactory performance — Bank’s attempt to terminate for misconduct shifted to termination for unsatisfactory performance to bypass inquiry, rendering it unsustainable.

Urban Land (Ceiling & Regulation) Act, 1976, S.6(ii)-Surplus Area-Right of Legal heirs–Original owner of land died intestate in 1947 leaving behind a widow, two sons and two daughters-Competent authority declared surplus land keeping in view that sons of owner did not contested the said proceedings

2017(1) Law Herald (SC) 524 : 2017 LawHerald.Org 674 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Madan B. Lokur The Hon’ble Mr. Justice Prafulla C. Pant…

Criminal Procedure Code, 1973, S.482–Criminal breach of Trust-Fraudulent Documents–Quashing– If on the basis of false and fraudulent documents a claim is made which leads to award of compensation in land acquisition matter, the interest of the State is certainly compromised or adversely affected-

2017(1) Law Herald (SC) 461 : 2017 LawHerald.Org 606  IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Uday Umesh Lalit Criminal…

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