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Supreme Court

Supreme Court Quashes Criminal Complaint for Theft of Documents in Corporate Dispute — Internal Audit Reports and Confidential Documents Not 'Stolen' as They Were Obtained Through Legal Proceedings. The Court held that the ingredients of theft under Section 379 IPC are not satisfied when documents are obtained through legal proceedings and used in bona fide litigation, and continuation of criminal proceedings would be an abuse of process.

15 May 2019

The appeals arise from a criminal complaint filed by Birla Corporation Limited (the appellant) against Adventz Investments and Holdings Limited and ot...

Supreme Court

Supreme Court Dismisses Appeal in Second Appeal Case - Punjab Courts Act Applies Over CPC. Substantial Question of Law Not Required for Second Appeals in Punjab Under Section 41 of Punjab Courts Act, 1918.

10 May 2019

The Supreme Court disposed of a civil appeal arising from a regular second appeal decided by the Punjab and Haryana High Court. The sole contention ra...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

Supreme Court

Supreme Court Quashes FIR Against Appellants in Forgery Case for Clerical Error in Vakalatnama. High Court's Direction to Lodge Complaint Set Aside for Lack of Satisfaction Under Section 340 CrPC.

10 May 2019

The case arises from a criminal appeal against the judgment of the Madurai Bench of Madras High Court dated 14.09.2016, which dismissed the anticipato...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Case — Order II Rule 2 CPC Bar Applicable for Successive Alienations. Two separate sale deeds by same vendor to same vendee on different dates constitute distinct causes of action, but suit for second alienation is barred if not included in earlier suit when cause of action was same.

10 May 2019

The Supreme Court considered an appeal against the High Court's judgment that set aside the concurrent findings of the trial court and first appellate...

Supreme Court

Supreme Court Allows Class Action in Consumer Dispute Over Non-Delivery of Commercial Units. The Court Held That Sameness of Interest, Not Identical Cause of Action, Is Required for Class Action Under Section 12(1)(c) of the Consumer Protection Act, 1986.

10 May 2019

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission dismissing a complaint filed by 44 appellants under Section 12...

Supreme Court

Supreme Court Sets Aside Remand Order in Murder Case, Directs High Court to Decide Appeal on Merits — Child Witness Competency Erroneously Assessed by Trial Court. The Court held that the trial court's refusal to record evidence of child witnesses solely because they did not know the judge was manifestly erroneous, but remand after five years would cause prejudice; hence the High Court must decide the appeal on existing evidence.

10 May 2019

The appellant, P Ramesh, was convicted by the Sessions Judge, Fast Track Mahila Court, Virudhunagar District at Srivilliputtur for the murder of his w...

Supreme Court

Supreme Court Quashes Cognizance in Bihar Excise Case — Private Vehicle Not a Public Place Under Section 53(a) of Bihar Excise (Amendment) Act, 2016. Consumption of liquor in a private vehicle does not constitute an offence under Section 53(a) as the vehicle is not a 'public place' under the Act.

10 May 2019

The appellants, all Rotarians, were travelling from Giridih, Jharkhand to Patna, Bihar in a private vehicle to attend a Rotary Club meeting on 25.06.2...

Supreme Court

Supreme Court Allows Banks to Deny Legal Representation in Wilful Defaulter Proceedings. In-House Committees of Banks Are Not Tribunals Under Section 30 of Advocates Act, 1961, and Right to Lawyer Is Not Part of Natural Justice.

8 May 2019

The Supreme Court considered appeals against the Delhi High Court judgment which held that a borrower is entitled to be represented by a lawyer before...

Supreme Court

Supreme Court Allows CBI to Bring Authorization Order on Record in Corruption Case. Procedural Lapse Does Not Bar Subsequent Application Under Section 173(2)(5)(a) CrPC; Substantive Justice Prevails Over Technicalities.

7 May 2019

The Supreme Court allowed an appeal by the State represented by the Inspector of Police, CBI, against the dismissal of its application to bring on rec...

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