Legal Update as on 21.02.2023

  1. HC: CONVICTION IS NOT MAINTAINABLE UNDER SECTION 482 CRPC AFTER PETITION TO QUASH S. 138 OF NI ACT – A plea under Section 482 of the Criminal Procedure Code (CrPC) seeking to overturn a conviction imposed on an accused under the Negotiable Instruments Act was deemed unmaintainable by the Karnataka High Court.
    Vuppalapti Satish Kumar And VTH Source Components Pvt Ltd.
  1. WITHOUT DESIGNATING THE FIRM AS THE ACCUSED, JKL HC: CANNOT PROCEED WITH PROSECUTION AGAINST PARTNERS – The Food Safety and Standard Act of 2006’s Section 66, according to the Jammu and Kashmir and Ladakh High Court, makes it plain that partners cannot be prosecuted in a criminal case without the firm also being named as an offender.
    Neeraj Shastri and another Vs State of J&K and another
  1. SC: ACCUSED IS REQUIRED TO PROVIDE AN EXPLAINATION AFTER THE PROSECUTION DETERMINES THE “LAST SEEN THEORY” – According to the Supreme Court, the accused is required to provide some justification for why and when he parted ways with the deceased after the prosecution establishes the “last seen together” scenario.
    Ram Gopal S/o Mansharam vs State of Madhya Pradesh
  1. SC: JOSEPH SHINE’S ADULTERY WAS NOT APPROVED OF BY THE COURT’S DECISION. – It has been made clear by the Supreme Court that its 2018 ruling in Joseph Shine, which invalidated Section 497 IPC, will not have an impact on court martial proceedings started against military personnel for adulterous behaviour, and it has been stated that it is not as though this Court has approved of adultery.
    Joseph Shine vs Union of India
  1. SC: CAN’T BEGIN BY SUSPECTING REGULATORY FAILURE – The Supreme Court has declared that it shall pass orders to form an expert committee to assess the regulatory apparatus in light of the Adani-Hindenburg situation, while making the point that the Court cannot begin with a presumption of regulatory failure.
    Vishal Tiwari vs Union of India W.P.(C) No. 162/2023, Manohar Lal Sharma vs Union of India W.P.(Crl.) No. 39/2023, Anamika Jaiswal vs Union of India W
  1. SC: MUNICIPAL CORPORATION NOMINATED MEMBERS ARE NOT ELIGIBLE TO VOTE IN THE MAYORAL ELECTION – The Supreme Court has ruled that the first meeting where the mayor and deputy mayor are to be elected is subject to the prohibition on nominated members exercising their right to vote under S 3(3)(b)(1) of the Delhi Municipal Corporation Act, 1957.
    Shelly Oberoi and other vs Office of Lieutenant Governor of Delhi
  1. HC: PRISONERS HAVE A RIGHT TO COMPENSATION FOR WORK-RELATED INJURIES SUFFERED IN JAIL The Delhi High Court has observed that justice for prisoners who have suffered disability due to injury that is work-related in prison has a fundamental right to get justice & compensation in accordance with the law.
  1. HC: GST Act cannot be interpreted to deny citizens’ rights to carry out trade and commerce. – The Bombay High Court has ruled that the GST enactment cannot be interpreted in a way that denies any citizen the right to engage in trade and commerce, despite the fact that the court noted that the constitutional guarantee is unconditional and unambiguous and must be upheld despite flaws in the GST enactment’s scheme.
    Rohit Enterprises Versus The Commissioner State GST Bhavan
  1. If the time limit specified by law is not followed, the test sample becomes unreliable (MAD HC). – According to the Madras High Court, the purpose of setting deadlines for sending samples for analysis and receiving test results is to ensure that chemical goods are not further contaminated; if the deadlines are not met, the results of the tests will not be accurate.
    Venkatesan @ Venkatesh v. State and others
  1. ITAT: THE IBC OVERRIDES ALL ACTS, INCLUDING THE INCOME TAX ACT. – According to Section 178(6) of the Income Tax Act, the Insolvency and Bankruptcy Code (IBC) supersedes all other laws, including the Income Tax Act, according to the Income Tax Appellate Tribunal (ITAT), Delhi Bench.
    ACIT Versus ABW Infrastructure Ltd.

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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