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IMPORTANT POINT
Applicability of bar of Section 19 of Prevention of Corruption Act, 1988 on exercise of power under Section 156 (3) of Cr.P.C., requires further consideration. ,21 Apr 2025
Supreme Court of India
IMPORTANT POINT
Death in motor accident – Insurer who has insured vehicle is bound to indemnify owner of vehicle who has vicarious liability as against negligence of his employee-driver. ,16 Apr 2025
Supreme Court of India
IMPORTANT POINT
Murder, house trespass and criminal conspiracy – By very nature of offence of conspiracy, being hatched in secrecy, no evidence of common intention of conspirators can be normally produced before Court – Offence can be proved largely by inferences from acts committed or words spoken by conspirators in pursuance of a common intention. ,16 Apr 2025
Supreme Court of India
IMPORTANT POINTS
(1) Principle of res judicata is equally applicable in criminal matters.
(2) Dishonour of cheque – A person cannot be vicariously prosecuted, especially for offences under IPC, merely on account of fact that he holds a managerial position in a company without there being specific allegations regarding his involvement in offence. ,16 Apr 2025
Supreme Court of India
IMPORTANT POINT
Exercise of inherent jurisdiction – Stage and timing of settlement play a crucial role in determination as to whether to exercise power under Section 482 of Cr.P.C. 1973 or not. ,16 Apr 2025
Supreme Court of India
IMPORTANT POINTS
(1) Grant of bail – Court should be very circumspect in granting bail to child traffickers.
(2) Individual liberty cannot be accentuated to such an extent or elevated to such a high pedestal which would bring in anarchy or disorder in society – Prospect of greater justice requires that law and order should prevail in a civilised milieu. ,15 Apr 2025
Supreme Court of India
IMPORTANT POINTS
(1) Rejection of plaint – Bar of limitation – Limitation of three years has to be counted from the date when right to sue first accrues – Once plaint or suit in respect of main relief stands barred by time, other ancillary relief claimed therein also falls down.
(2) Period of limitation – Once a limitation prescribed for instituting a cause of action expires and even if limitation is not set up as a defence, it obliges court to dismiss suit as barred by limitation. ,15 Apr 2025
Supreme Court of India
IMPORTANT POINT
Input tax credit – No facility for input tax credit shall be allowed to a dealer with respect to purchase of any goods where sale of such goods by dealer is exempt from tax under Section 7(c) of Uttar Pradesh Value Added Tax Act, 2008. ,09 Apr 2025
Supreme Court of India
IMPORTANT POINTS
(1) Anticipatory bail – Anticipatory bail should not be granted as a matter of routine, particularly in serious economic offences, involving large scale fraud, public money or complex financial crimes – Privilege of pre-arrest bail should be granted only in exceptional cases – Right of anticipatory bail is not a part of Article 21 of Constitution of India.
(2) Anticipatory bail – Economic offences stand as a different class as they affect economic fabric of society – In economic offences, accused is not entitled to anticipatory bail. ,09 Apr 2025
Supreme Court of India
IMPORTANT POINTS
(1) Second appeal – Section 100 CPC confers jurisdiction on High Court to entertain a second appeal, only when it is satisfied that case involves a substantial question of law.
(2) Framing of issue – Issues can be framed on a question of law or fact or a mixed question of law and fact – There is no necessity to frame an issue, when parties are not at dispute on a particular fact or law.
(3) Limitation is a mixed question of fact and law – However, there is no hard and fast rule that every question of limitation is to be treated as a mixed question of fact and law. ,09 Apr 2025
Supreme Court of India
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