[SC] Probation of Offenders Act 1958 S. 3 , 11 – Conviction is under Section 504 IPC where the maximum sentence provided is two years –  There is no previous conviction – Released instead of carrying out the sentence after due admonition – IPC S. 504. 2022 SCeJ 0383

CrPC S. 406, 407 – If it appears that the dispensation of criminal justice is not possible impartially and objectively and without any bias, before any court or even at any place, the appropriate court may transfer the case to another court

December 6, 2022

Transfer of trial – Apprehension of not getting a fair and impartial enquiry/trial is required to be reasonable and not imaginary

December 6, 2022

SUNEETHA NARREDDY V. THE CENTRAL BUREAU OF INVESTIGATION, 2022 SCeJ 1295

December 5, 2022

ARUL DANIEL v. SUGANYA, 2022 PLRonline 0490 (Mad.), (2022-4)208 PLRIJ 0033 (Mad.) (FB)

December 5, 2022
IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

DV Act, S.  12 – Proceedings under Section 12 of the D.V. Act is Civil in nature and not Criminal.

December 5, 2022
COI Art. 227 – Revision – Scope of interference is limited.

DVA S. 12 – “Whether a proceeding under Section 12 of the D.V. Act can be challenged under Article 227 of the Constitution or under Section 482 of Cr.P.C. ? 

December 5, 2022

Sarfaesi – Auction – Rule 9(4) –  Appears to be not as sacrosanct and the period can be extended

December 4, 2022

Sarfaesi – R. 9(4) – Four days’ delay which was caused in terms of the original auction notice, in deposit of the auction bid amount , in no manner, would frustrate or annul the auction proceedings

December 3, 2022
Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

SARFAESI – Typographical error – Mere typographical error due to inadvertence which has not caused any prejudice to the borrowers, that in itself could not be considered to be the ground to annul the process held by the secured creditor 

December 3, 2022

Sarfaesi – Writ petition – Alternate remedy – S. 17 dismissed – We deprecate such practice of entertaining the writ application by the High Court

December 3, 2022

VARIMADUGU OBI REDDY v. B. SREENIVASULU, 2022 SCeJ 1281, 2022 PLRonline 1492502

December 3, 2022
Ad Hoc employees termination – Replacement with other Ad Hoc employees

Suit for specific performance – Earnest money refund of –  No prayer for an alternative relief for refund – Decree passed in favour of plaintiff for recovery of earnest money

December 3, 2022
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Interpretation of Statutes

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Interpretation of Statutes

  1. Interpretation of Statutes – It is contrary to all rules of construction to read words into an Act unless it is necessary to do so
  2. Taxing Statutes – Interpretation of
  3. Unjust enrichment
  4. When power is exercised on account of an intent gaining a legitimate goal it can be called colourable exercise of power and the same can be held to have not been exercised bona fide for the end design
  5. While interpreting the provisions of a statute, the court avoids rejection or addition of words and resorts to that only in exceptional circumstances to achieve the purpose of the Act or give purposeful meaning.

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