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the reasoning in the impugned judgment that the non-obstante clause would not in any manner dilute or override the employer’s obligation to deposit the amounts retained by it or deducted by it from the employee’s income, unless the condition that it is deposited on or before the due date, is correct and justified. The non-obstante clause has to be understood in the context of the entire provision of Section 43B which is to ensure timely payment before the returns are filed, of certain liabilities which are to be borne by the assessee in the form of tax, interest payment and other statutory liability. I Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Grant of — Grounds for — High Court granted anticipatory bail based on reasons that one co-owner was abroad during agreement execution, agreement was only notarized and not registered, part payment received, and complainant sought refund indicating civil dispute — Supreme Court found these reasons to be peripheral and not bearing direct nexus to parameters governing anticipatory bail — Seriousness of allegations, criminal antecedents, and requirements of investigation in economic offence were overlooked by High Court. Negotiable Instruments Act, 1881 (NI Act) — Sections 138 and 141 — Quashing of criminal proceedings — Vicarious liability of office bearers — For a person other than the drawer or signatory of a dishonoured cheque to be prosecuted under Section 141 of the NI Act, it must be specifically averred in the complaint that such person was in charge of and responsible for the conduct of the business of the company or society at the time the offence was committed. Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Scope of powers of Court to set aside or modify arbitral award — Modification of award is a limited power compared to annulment, aimed at achieving more just outcomes and avoiding hardship and delay, especially in India where litigation takes years — Appellate jurisdiction under Section 37 is coterminous with and as broad as jurisdiction under Section 34. Civil Procedure Code, 1908 (CPC) — Order 6 Rule 7 — Pleadings should not raise new claims or inconsistent allegations — A defendant cannot retract their initial stand taken in the written statement and introduce a completely new and contradictory case, especially after issues have been framed and the trial has commenced.
Direct Taxation Income Tax

the reasoning in the impugned judgment that the non-obstante clause would not in any manner dilute or override the employer’s obligation to deposit the amounts retained by it or deducted by it from the employee’s income, unless the condition that it is deposited on or before the due date, is correct and justified. The non-obstante clause has to be understood in the context of the entire provision of Section 43B which is to ensure timely payment before the returns are filed, of certain liabilities which are to be borne by the assessee in the form of tax, interest payment and other statutory liability. I

May 28, 2026 sclaw
Anticipatory Bail Bail Declined

Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Grant of — Grounds for — High Court granted anticipatory bail based on reasons that one co-owner was abroad during agreement execution, agreement was only notarized and not registered, part payment received, and complainant sought refund indicating civil dispute — Supreme Court found these reasons to be peripheral and not bearing direct nexus to parameters governing anticipatory bail — Seriousness of allegations, criminal antecedents, and requirements of investigation in economic offence were overlooked by High Court.

May 28, 2026 sclaw
the reasoning in the impugned judgment that the non-obstante clause would not in any manner dilute or override the employer’s obligation to deposit the amounts retained by it or deducted by it from the employee’s income, unless the condition that it is deposited on or before the due date, is correct and justified. The non-obstante clause has to be understood in the context of the entire provision of Section 43B which is to ensure timely payment before the returns are filed, of certain liabilities which are to be borne by the assessee in the form of tax, interest payment and other statutory liability. I
Direct Taxation Income Tax
the reasoning in the impugned judgment that the non-obstante clause would not in any manner dilute or override the employer’s obligation to deposit the amounts retained by it or deducted by it from the employee’s income, unless the condition that it is deposited on or before the due date, is correct and justified. The non-obstante clause has to be understood in the context of the entire provision of Section 43B which is to ensure timely payment before the returns are filed, of certain liabilities which are to be borne by the assessee in the form of tax, interest payment and other statutory liability. I
Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Grant of — Grounds for — High Court granted anticipatory bail based on reasons that one co-owner was abroad during agreement execution, agreement was only notarized and not registered, part payment received, and complainant sought refund indicating civil dispute — Supreme Court found these reasons to be peripheral and not bearing direct nexus to parameters governing anticipatory bail — Seriousness of allegations, criminal antecedents, and requirements of investigation in economic offence were overlooked by High Court.
Anticipatory Bail Bail Declined
Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Grant of — Grounds for — High Court granted anticipatory bail based on reasons that one co-owner was abroad during agreement execution, agreement was only notarized and not registered, part payment received, and complainant sought refund indicating civil dispute — Supreme Court found these reasons to be peripheral and not bearing direct nexus to parameters governing anticipatory bail — Seriousness of allegations, criminal antecedents, and requirements of investigation in economic offence were overlooked by High Court.
Negotiable Instruments Act, 1881 (NI Act) — Sections 138 and 141 — Quashing of criminal proceedings — Vicarious liability of office bearers — For a person other than the drawer or signatory of a dishonoured cheque to be prosecuted under Section 141 of the NI Act, it must be specifically averred in the complaint that such person was in charge of and responsible for the conduct of the business of the company or society at the time the offence was committed.
Cheque Dishonour
Negotiable Instruments Act, 1881 (NI Act) — Sections 138 and 141 — Quashing of criminal proceedings — Vicarious liability of office bearers — For a person other than the drawer or signatory of a dishonoured cheque to be prosecuted under Section 141 of the NI Act, it must be specifically averred in the complaint that such person was in charge of and responsible for the conduct of the business of the company or society at the time the offence was committed.
Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Scope of powers of Court to set aside or modify arbitral award — Modification of award is a limited power compared to annulment, aimed at achieving more just outcomes and avoiding hardship and delay, especially in India where litigation takes years — Appellate jurisdiction under Section 37 is coterminous with and as broad as jurisdiction under Section 34.
Arbitration
Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Scope of powers of Court to set aside or modify arbitral award — Modification of award is a limited power compared to annulment, aimed at achieving more just outcomes and avoiding hardship and delay, especially in India where litigation takes years — Appellate jurisdiction under Section 37 is coterminous with and as broad as jurisdiction under Section 34.
Evidence Act

Sections 33 or 35 are not concerned with any copy of the instrument and party can only be allowed to rely on the document which is an instrument within the meaning of Section 2(14). There is no scope for the inclusion of the copy of the document for the purposes of the Stamp Act. Copy of the instrument cannot be validated by impounding and this cannot be admitted as secondary evidence under the Stamp Act, 1899.

Jun 21, 2017 sclaw

2007(4) LAW HERALD (SC) 3239 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Jusitce P.P. Naolekar The Hon’ble Mr. Justice P. Sathasivam…

Property Matters

Specific Relief Act, 1963 – Section – 16(c) – Specific performance of a contract – Appeal from the judgment of the High Court of Karnataka decreeing the suit filed by the Respondents for specific performance of contract for sale of the suit land executed by the Appellant-Defendant in favour of the Respondents- Plaintiffs

Jun 19, 2017 sclaw

  (2000) 8 JT 13 : (2000) 9 SCC 214 SUPREME COURT OF INDIA BORAMMA — Appellant Vs. KRISHNA GOWDA AND OTHERS — Respondent ( Before : Shivaraj V. Patil,…

Accident

The application for condonation of delay was rejected by Single Judge of the High Court. The Supreme Court, however, allowed the application with the direction to deposit the claim amount and case remitted to the High Court. On remand no notice shall be issued to the claimants. The claimants shall appropriate the amount deposited by the appellant

Jun 19, 2017 sclaw

  (2000) ACJ 1037 : (2000) 7 JT 575 : (2000) 9 SCC 218 SUPREME COURT OF INDIA NATIONAL INSURANCE CO. LTD., JODHPUR — Appellant Vs. BHAGU DEVI AND OTHERS…

Bail Declined

It is necessary for Courts dealing with application for bail to consider nature of accusation and severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering of witness or apprehension of threat to complainant, prima facie satisfaction of Court in support of charge – Any order de hors such reasons suffers from non-application of mind – High Court was not justified in granting bail to Respondent No. 2 – Order granting bail set aside.

Jun 19, 2017 sclaw

  AIR 2009 SC 94 : (2008) 11 JT 372 : (2008) 13 SCALE 460 SUPREME COURT OF INDIA LOKESH SINGH — Appellant Vs. STATE OF U.P. AND ANOTHER —…

Dowry Death

Prosecution proved by cogent evidence adduced – Appellants by series of act and conduct created a difficult and hostile environment for deceased that she was compelled to commit suicide – There is direct and reasonable nexus with commission of suicide by deceased with acts of cruelty to which deceased was subjected to by appellant – High Court rightly upheld conviction of appellants under Section 306 and Section 498A IPC.

Jun 19, 2017 sclaw

  AIR 2006 SC 2002 : (2006) CriLJ 2881 : (2006) 1 DMC 853 : (2006) 11 JT 260 : (2006) 5 SCALE 172 : (2006) 9 SCC 794 :…

Acquittal

Penal Code, 1860 (IPC) – Sections 302/34 – Murder – Circumstantial evidence – Prosecution is to prove all links in the chain by leading evidence – Prosecution case that another person involved in the case, whose name never figured during investigation, was not arrested – Evidence of “last seen” with deceased not trustworthy for the reason that a businessman would not ordinarily go to a small shop to take tea with a rickshaw puller

Jun 18, 2017 sclaw

  AIR 2006 SC 2242 : (2006) CriLJ 2920 : (2006) 11 JT 298 : (2006) 5 SCALE 467 : (2006) 10 SCC 182 : (2006) 2 SCR 881 Supp…

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Direct Taxation Income Tax

the reasoning in the impugned judgment that the non-obstante clause would not in any manner dilute or override the employer’s obligation to deposit the amounts retained by it or deducted by it from the employee’s income, unless the condition that it is deposited on or before the due date, is correct and justified. The non-obstante clause has to be understood in the context of the entire provision of Section 43B which is to ensure timely payment before the returns are filed, of certain liabilities which are to be borne by the assessee in the form of tax, interest payment and other statutory liability. I

May 28, 2026 sclaw
Anticipatory Bail Bail Declined

Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Grant of — Grounds for — High Court granted anticipatory bail based on reasons that one co-owner was abroad during agreement execution, agreement was only notarized and not registered, part payment received, and complainant sought refund indicating civil dispute — Supreme Court found these reasons to be peripheral and not bearing direct nexus to parameters governing anticipatory bail — Seriousness of allegations, criminal antecedents, and requirements of investigation in economic offence were overlooked by High Court.

May 28, 2026 sclaw
Cheque Dishonour

Negotiable Instruments Act, 1881 (NI Act) — Sections 138 and 141 — Quashing of criminal proceedings — Vicarious liability of office bearers — For a person other than the drawer or signatory of a dishonoured cheque to be prosecuted under Section 141 of the NI Act, it must be specifically averred in the complaint that such person was in charge of and responsible for the conduct of the business of the company or society at the time the offence was committed.

May 28, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Scope of powers of Court to set aside or modify arbitral award — Modification of award is a limited power compared to annulment, aimed at achieving more just outcomes and avoiding hardship and delay, especially in India where litigation takes years — Appellate jurisdiction under Section 37 is coterminous with and as broad as jurisdiction under Section 34.

May 28, 2026 sclaw