Legalcops – Legal Blog – Business Registrations & Tax Compliances

Circumstances when Section 397 IPC punishment can be reduced

Facts: There were 5 accused but they did not use any deadly weapon while committing the offense but trial court, session court, and the high court convicted them under section 397. The aggrieved Accused preferred this appeal in Supreme Court. Principle – There is no difference between Section 391/395 and Section 397 IPC so far […]

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Whether A Person Who Is Indirectly Connected To An Organized Crime can be Considered As An Accused?

Facts: Submission/Contention Of Appellant: Submission/ contention of respondent: Principles and observation of court: Judgements: Opinion: I agree with the decision of the court for quashing the half-writ petition filed by Mohan Nayak. N, As the accused was found indirectly connected to the commission of an organized crime. The above lines are justified by sec3(2) of

Whether A Person Who Is Indirectly Connected To An Organized Crime can be Considered As An Accused? Read More »

Whether the benefit of a pension with a break in service is admissible?

Introduction: The complainant made claim for pensionary benefits by taking into consideration and reckoning the service 10 times rendered by the complainant in the Telecom Department which was served under the Central Government. Facts: Contentions of Appellant: Mr. P. V. Surendranath learned elderly counsel for the complainant made claim for the pensionary benefits by taking

Whether the benefit of a pension with a break in service is admissible? Read More »

Is the nature of allegation & accusation, & not that nature of accusation arising out of a Business transaction what needs to be considered before granting anticipatory bail?

Facts– Contentions of appellant– Contention of the respondent–  Principle an observation of the court– Judgment– The Court observed that the allegations made against respondent no.2 are genuine and there is a clear prime face case against him as alleged by the appellant. Considering the same court found out that observations made by the High Court

Is the nature of allegation & accusation, & not that nature of accusation arising out of a Business transaction what needs to be considered before granting anticipatory bail? Read More »

Whether the rights, interest, and ownership be transferred based on revenue records?

Facts – Submission/Contentions of Appellant/s – The Appellant, through their counsel, argued that the decision to set aside the order passed by the Deputy Director by the High Court lacks any legal basis. The notification, dated 11th Oct 1952, vide Section 4 of the Abolition Act, was in force, and as per notification, all estates situated

Whether the rights, interest, and ownership be transferred based on revenue records? Read More »

Jurisdiction of State Investigating Agency For Scheduled Offences Under NIA Act

Introduction: This Judgement clarifies the jurisdiction of the State Investigating Agency to investigate, remand, and commit a case for trial relating to the scheduled offenses under the National Investigation Agency (NIA) Act. Brief Facts of the Case: Contentions of the Appellants: The Appellant claimed that the  State Investigating Agency divested its jurisdiction and breached the

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How would Order XXI Rule 16 of CPC affect the provisions of Section 146?

Court Name:  The Supreme Court of  India Judgment Name: Vaishno Devi Constructions v The Union of India Judgment Date: October 21st, 2021 Judges/Bench: J. Sanjay  Kishan Kaul and J. B. R. Gavai. Introduction: The judgment mentioned here is an appeal from the state high court, where the parties have entered into a contract for the

How would Order XXI Rule 16 of CPC affect the provisions of Section 146? Read More »

Right of Arbitration to Interpret the conditions of the contract

Court Name: The Supreme court of India Judgment Name: Garg Builders v. Bharat Heavy Electricals Ltd. Judgment Date: 4th October 2021 Judges/ Bench: J. Abdul Nazeer, J. Krishna Murari. Introduction: Brief Facts of the Case: Contentions of the respondent: The respondent challenged the said award before the Delhi High Court in O.M.P. (COMM.) 28/2017 under

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Public policy and Enforcement of Foreign Arbitral Awards in India

“Public policy is never argued at all but when other points fail.” –Burrough J. The above phrase exemplifies the elusive character of ‘public policy’ in legal processes that rely on its existence in statutes, conventions, and legal systems. The 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) is

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Whether the sentence for the offense of culpable homicide can be modified due to the circumstances of the case?

Court: The Supreme court Of India Case: Mohd. Rafiq @ Kallu vs. The State of Madhya Pradesh CRIMINAL APPELLATE JURISDICTION CRIMINAL [APPEAL NO.856 of 2021] Judgment Date – September 15, 2021 Bench: Justices S. Ravindra Bhat and K.M. Joseph Brief facts of the Case – Contentions of the Appellant/s Contentions of the Respondent/s Principles and

Whether the sentence for the offense of culpable homicide can be modified due to the circumstances of the case? Read More »

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