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Kerala High Court | Writ Jurisdiction Cannot Compel Bank to Continue One Time Settlement | OTS Terms Binding, Cancellation for Non-Compliance Valid, SARFAESI Mechanism to Be Invoked

Kerala High Court | Writ Jurisdiction Cannot Compel Bank to Continue One Time Settlement | OTS Terms Binding, Cancellation for Non-Compliance Valid, SARFAESI Mechanism to Be Invoked

Safiya Malik     The High Court of Kerala Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. has held that a party cannot invoke the writ jurisdiction under Article 226 of the Constitution to compel a bank not to cancel a One Time Settlement (OTS) facility. The Court ruled that contractual conditions under an OTS sanction letter, including automatic cancellation for...

Kerala High Court | Regular Bail Granted to Former MLA and Associate in ₹20 Crore PMLA Case | Continued Detention Held Unwarranted

Kerala High Court | Regular Bail Granted to Former MLA and Associate in ₹20 Crore PMLA Case | Continued Detention Held Unwarranted

Safiya Malik                                                                                                                                                    &n...

Calcutta High Court | Appeal for Custodial Death Compensation Dismissed | Compensation Under 2019 Scheme Arises Only After Conclusive Finding of Unnatural Death

Calcutta High Court | Appeal for Custodial Death Compensation Dismissed | Compensation Under 2019 Scheme Arises Only After Conclusive Finding of Unnatural Death

Safiya Malik   The High Court of Calcutta Division Bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi dismissed an appeal challenging the refusal of compensation for an alleged custodial death. The Court upheld the decision of the Single Judge that compensation cannot be summarily directed at the stage when charge-sheets have only been submitted, without exhausting the statutory process of law. The Bench further record...

Madras High Court | Conviction Under Sec.306 & 417 IPC Set Aside | Consensual Relationship and Absence of Proximate Instigation Negate Cheating and Abetment

Madras High Court | Conviction Under Sec.306 & 417 IPC Set Aside | Consensual Relationship and Absence of Proximate Instigation Negate Cheating and Abetment

Sanchayita Lahkar   The High Court of Madras Single Bench of Justice G.K. Ilanthiraiyan overturned the conviction of an appellant previously sentenced under Sections 306 and 417 of the Indian Penal Code. The trial court had imposed rigorous imprisonment and fines for abetment of suicide and cheating. On appeal, the High Court held that the prosecution failed to prove deception or abetment beyond reasonable doubt. It found that the...

Rajasthan High Court | Criminal Revision Dismissed Against Framing of Charges | Rape Allegation First Made in S.164 CrPC Statement Cannot Be Ignored at Charge Stage

Rajasthan High Court | Criminal Revision Dismissed Against Framing of Charges | Rape Allegation First Made in S.164 CrPC Statement Cannot Be Ignored at Charge Stage

Isabella Mariam   The High Court of Rajasthan Single Bench of Justice Sandeep Shah dismissed a criminal revision petition challenging the framing of charges by the Additional Sessions Judge, Sri Dungargarh, District Bikaner. Upholding charges under Sections 452, 341, 323, 354, and 376 of the Indian Penal Code, the Court clarified that the allegation of rape, though introduced for the first time by the prosecutrix in her statement u...

Delhi High Court | SFIO Probe Under Section 212(1)(c) Companies Act Quashed | Investigation Order Vitiated by Non-Existent Grounds and Misreading of Audit Reports

Delhi High Court | SFIO Probe Under Section 212(1)(c) Companies Act Quashed | Investigation Order Vitiated by Non-Existent Grounds and Misreading of Audit Reports

Safiya Malik   The High Court of Delhi Single Bench of Justice Sachin Datta set aside an order of the Ministry of Corporate Affairs dated 05.09.2024, which had directed the Serious Fraud Investigation Office to investigate the affairs of Moser Baer India Ltd. and its subsidiaries. The Court held that the order under Section 212(1)(c) of the Companies Act, 2013 suffered from legal infirmities, including reliance on non-existent grou...

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