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2025 SCC Vol. 1 Part 5
Advocates Act, 1961 — S. 24(1)(f) — Enrolment Fees: Charging of enrolment fees in excess of statutory stipulation under Advocates Act, 1961
Advocates Act, 1961 — S. 24(1)(f) — Enrolment Fees: Charging of enrolment fees in excess of statutory stipulation under Advocates Act, 1961
“Even a single day’s delay in grant of bail to a person who is otherwise entitled to it amounts to violation of his fundamental right to life and liberty.”
Arbitration Act, 1940 — S. 29 — Interest on interest or compound interest: Post award interest on interest awarded is not grantable
by Mrinal Shankar† and Dharma Tej Koneru††
Arbitration and Conciliation Act, 1996 — S. 32(2)(c) and S. 25(c) — Power of Arbitral Tribunal under S. 32(c)
Arbitration and Conciliation Act, 1996 — Ss. 34 and 37 — Interference with award by Court: Law regarding limited jurisdiction of Court
(2023) 1 HCC (All) GST — Search and Seizure — Determination of Tax — Challenge against the order wherein tax of Rs
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 — S. 4(1)(f) — Suit for misdelivery of cargo and maritime claim by
Constitution of India — Arts. 32, 21, 14 and 226 — Writ petition by the victim challenging grant of remission or premature
The Court pointed out that a paramour of an accused cannot be dragged into proceedings under Section 498A of IPC as the said accused would not become a relative or a member of the family as is necessary under Section 498A of IPC.
The Court opined that inherent jurisdiction under Section 482 of CrPC though wide should not be capriciously or arbitrarily exercised but should be exercised in appropriate cases to do real and substantial justice. Thus, quashing of charge sheet or setting aside summoning order on appreciation of evidence is not justified.
The Gauhati High Court noted that after completion of the investigation, the petitioner was not examined under Section 313 of the Criminal Procedure Code, 1973, to enable him to personally explain circumstances appearing in the evidence against him, nor was his statement recorded.
The Court opined that the husbands/fathers are many times not depositing the arrears of maintenance for years together and they have no fear or burden to pay the interest on that amount of maintenance and this is a serious legal mischief.
The Principal District and Sessions Judges of all the Districts Courts in Delhi are requested to sensitize the presiding judicial officers to pronounce their judgments on conviction only when they are ready for pronouncement and, in case where they are convicting the accused and taking the accused into custody, immediately supply a copy thereof, free of cost, to the accused for the accused to avail of the remedies available to them in accordance with law.
Appellate Jurisdiction under Section 37(2) of the Arbitration Act: Jurisprudence on the setting aside awards under Section 34 of the Arbitration Act
“Criminal law serves the purpose of maintaining law and order by providing predictability. It protects individual rights …Criminal law deals with offences and helps to protect the society from falling into the state of anarchy.”
Civil Procedure Code, 1908 — Or. 6 R. 17 — Amendment of plaint: Principles summarized re when amendment of plaint is permissible.