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WEBBar & Bench is the premier online portal for Indian legal news. News, interviews, and columns related to the Supreme Court of India and the High Courts , as well as law firms, law schools, and Parliament.
Quashing of FIRs by High Courts under Section 482 CrPC: A closer …
WEBNov 14, 2022 · The bare text of Section 482 of the Code reads as under: "482. Saving of inherent powers of High Court.— Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice."
Exclusive Jurisdiction Clauses in a Contract: Key issues - Bar and …
WEBSep 11, 2019 · Exclusive jurisdiction clauses enunciate a choice by parties to limit the place of institution of the suit to one forum. Section 23 of the Indian Contract Act, 1872 (‘Contract Act’) mandates, inter alia, that there cannot be a contract which is forbidden by or defeats any provision of law.Section 28 makes an absolute restraint on a legal recourse or ability to enforce rights under a ...
Constitution Benches of the Supreme Court: An analysis - Bar and …
WEBSep 28, 2019 · A Constitution Bench is a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. A vast majority of cases before the Supreme Court are heard and decided by a bench of two judges (called a Division Bench), and sometimes of three. Constitution Benches …
Murder or not? Supreme Court explains factors to determine …
WEBFeb 7, 2022 · In a recent judgment, the Supreme Court of India has thrown light on the factors/ circumstances from which the intention of an accused to cause death of someone can be gathered, in order to determine whether an offence of murder under Section 302 of the Indian Penal Code (IPC) is made out [State of Uttarakhand v.Sachendra Singh Rawat].
“Shall” Shocked: The use of shall in legal documents - Bar and Bench
WEBJun 19, 2021 · Take a typical governing clause in an agreement which typically reads: “This Agreement shall be governed by the law of India.” If “shall” is considered to mean “has a duty to”, the sentence would read: “This Agreement has a duty to be governed by the law of India.” The intended meaning is not to impose any obligation, but it is to state a fact.
The IL&FS Insolvency case: A summary of the journey so far - Bar …
WEBJul 21, 2019 · IL&FS Group, which has approximately over Rs. 91,000 crores in debt, is facing a severe liquidity crisis. Between July 2018 and September 2018, two of the subsidiaries of IL&FS Group reported having trouble in paying back loans and inter-corporate deposits to banks/lenders. The liquidity crisis in IL&FS Group – …
The People's Judge: The Judicial Philosophy of Justice Krishna Iyer
WEBDec 4, 2018 · Harish Salve in his article ‘ Justice V R Krishna Iyer: Man who rescued Supreme Court from supreme shame’ has quoted eminent Professor Upendra Baxi and pithily put it that “the Supreme Court of India was Krishnaiyerised to become the Supreme Court for Indians”. In a similar vein, Dushyant Dave, in a full court reference, remembered Justice Iyer as “one of the greatest sons of India ...
Insulting/ abusing SC/ST person not an offence under SC/ST Act …
WEBNov 5, 2020 · The judgment was rendered by a three-judge Bench comprising Justices L Nageswara Rao, Hemant Gupta and Ajay Rastogi in an appeal against a judgment of the Uttarakhand High Court. The High Court had dismissed a plea filed by appellant Hitesh Verma under Section 482 of the Code of Criminal Procedure (CrPC) seeking quashing of a charge-sheet and summoning order against him for an offence under ...
The origins of “Justice must be seen to be done” - Bar and Bench
WEBApr 18, 2020 · The King’s Bench, presided over by Lord Hewart, issued notice and the justices of the lower court of Sussex filed an affidavit stating that although the brother, who had acted as a deputy clerk, had retired with them, he had scrupulously abstained from any discussion on this case and they had arrived at their decision unbiased by the fact that the deputy clerk was a member of the law firm ...