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Monday, October 16, 2023

Where the complaint is time barred, S.319 CrPC cannot be invoked

N. Harihara Krishnan v. J. Thomas, (2018) 13 SCC 663 

Re: FIR lodged to pre-empt Section 138 NI Act Case - quashed

Such cases to be tried together rather than quashing
Pareshbhai Amrutlal Patel v. State of Gujarat, (2020) 12 SCC 569 



FIR lodged to pre-empt Section 138 NI Act Case - quashed

Sunil Kumar v. Escorts Yamaha Motors Ltd., (1999) 8 SCC 468 

Saturday, October 14, 2023

Partner continues to be liable after resignation unless he gives publ

Partner continues to be liable after resignation unless he gives public notice

Union Bank of India v. Six Star Hosieries, 2001 SCC OnLine Mad 1000 

2023 SCC OnLine SC 1275 | Burden of Proof - In Section 138 Cases


Monday, September 18, 2023

Power of Revision Court in Section 397 CrPC

Amit Kapoor v. Ramesh Chander, (2012) 9 SCC 460 : (2012) 4 SCC (Civ) 687 : (2013) 1 SCC (Cri) 986 : 2012 SCC OnLine SC 724 at page 475

12. Section 397 of the Code vests the court with the power to call for and examine the records of an inferior court for the purposes of satisfying itself as to the legality and regularity of any proceedings or order made in a case. The object of this provision is to set right a patent defect or an error of jurisdiction or law. There has to be a well-founded error and it may not be appropriate for the court to scrutinise the orders, which upon the face of it bears a token of careful consideration and appear to be in accordance with law. If one looks into the various judgments of this Court, it emerges that the revisional jurisdiction can be invoked where the decisions under challenge are grossly erroneous, there is no compliance with the provisions of law, the finding recorded is based on no evidence, material evidence is ignored or judicial discretion is exercised arbitrarily or perversely. These are not exhaustive classes, but are merely indicative. Each case would have to be determined on its own merits. (Emphasis Supplied)