Category: news

The Supreme Court in an appeal, where defense of exception 4 to Section 300 IPC was taken by the accused-husband charged for uxoricide, has held that this defense will be applicable only when “…culpable homicide is committed not only without premeditated mind in a sudden fight or quarrel but also without the offender taking “undue advantage” of the situation.” In the instant case, the accused upon seeing the deceased-wife drenched in kerosene, took advantage of the situation and lighted a matchstick and threw it upon her, leading to her death in the hospital.

The Allahabad High Court (AHC), in a writ petition for quashing the order rejecting passport application of the petitioner, has held that non-cognizable report cannot be taken into consideration when no investigation was ordered by the concerned Magistrate. The AHC further, relied on one of its previous judgment wherein it had held that “…even during the pendency of any criminal case, passport could be issued/renewed as per the Government Order dated 25.8.1993 if the Court passes orders for that purpose.”

The Supreme Court (SC), dismissing a review petition filed for review of the judgment in the case of State Tax Officer v. Rainbow Papers Ltd., being of the opinion that the earlier Bench had passed a well-considered judgment has held that no mistake or error apparent on the face of record appears in the judgment. In the judgment under review the SC had held that the debts owed to a secured creditor, which would include the State in whose favour a security interest was created by operation of law, are equal in rank with other specified debts including workmen dues.

The Supreme Court, while dealing with the issue of whether bar on modification of judgment & final order as given under Section 362 Cr.P.C. would apply to order refusing bail, has held that any change in circumstances under which bail plea was dismissed confers a right to file a fresh application which empowers the concerned court to consider bail plea afresh. Therefore, prohibition on modification under Section 362 Cr.P.C. would not apply to a judgment or final order rejecting bail.

The Delhi High Court (DHC), in a writ petition filed for quashing of Look-Out Circular (LOC) issued against the petitioner at the behest of the IT Department, has held that such LOCs cannot be resorted to in each and every case of bank loan defaults or credit facilities availed for business etc. it can only be issued on ground of “detrimental to economic interest” when it involves offence having larger impact of the country, in situations such as cases involving “Squandering of public money, siphoning off amounts taken as loans from banks, defrauding depositors, indulging in hawala transactions may have a greater impact as a whole..“

The Delhi High Court (DHC), in a petition for quashing of Enforcement Case Information Report (ECIR), held that the Enforcement Directorate’s (ED) power to arrest under Section 19 of the Prevention of Money Laundering Act, 2002 (PMLA) is not unrestricted & the ED cannot arrest a person on its whims and fancies. The DHC further pointed a 3-fold requirement that the ED must follow before arresting a person: “Firstly, the Director must entertain a reasonable belief that the person arrested is guilty of an offence under the PMLA, and not under any other enactment; Secondly, the reasons for such belief must be recorded in writing; and Thirdly, such belief must be based on material that is in the Director’s possession.” However, the DHC rejected the petition stating it to be pre-mature.

The Allahabad High Court (AHC), setting aside an order of a Family Court, granted divorce to a husband-wife and reiterated that filing false complaints against a spouse constituted an act of cruelty. The AHC further stated that “forcing them to live together despite their intense hate towards each other will amount to cruelty.”

The Supreme Court (SC) has issued Contempt of Court Notice (Notice) against two members of the National Company Law Appellate Tribunal (NCLAT) and asked them to be physically present before the SC. The Notice was issued because the two members defied the order of the SC, to not pass an order till results of the Annual General Meeting of Finolex Cables were submitted in the form of a report by the scrutinizer. The SC, further, stated that “NCLT and NCLAT have gone down to a rot. This case is an object illustration of the rot.”

The Competition Commission of India (CCI) has released the new Draft Competition Commission of India (Lesser Penalty) Regulations, 2023 for public comments till 06.11.2023. The key provisions of the Regulations include: i) leniency plus provisions; ii) withdrawal of leniency and leniency plus application; iii) conditions when the leniency and leniency plus application can be forfeited.

The SC unanimously has held that there was not any fundamental, unequivocal right to marry in India. Another unanimous finding of the judgment, on queer marriages, was not to strike or tinker with the Special Marriage Act and its allied laws and holding that any such tinkering could have “a cascading effect” across various laws.

The majority, despite a contrary view of the minority of the bench of Hon’ble SC, also did not approve civil unions of queer persons.