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Supreme Court Refers to Larger Bench the Question of Quashing Non-Compoundable Offences Under Section 482 CrPC Based on Settlement, Reconsidering B.S. Joshi, Nikhil Merchant, and Manoj Sharma. The Court Doubts Whether Non-Compoundable Offences Can Be Indirectly Compounded via Inherent Powers, Noting Section 320(9) CrPC's Bar....

The matter arose from a Special Leave Petition filed by one Gian Singh, who had been convicted under Sections 420 (cheating) and 120B (criminal conspiracy) of the Indian Penal Code. While his appeal a...

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Supreme Court Constitution Bench Examines Applicability of Part I of Arbitration Act, 1996 to Foreign-Seated Arbitrations. Reference Arises from Conflicting Views in Bhatia International and Venture Global Engineering....

The Supreme Court of India, by a reference order dated 16 January 2008, directed the listing of Civil Appeal No. 7019 of 2005 and connected matters before a Constitution Bench to examine the correctne...

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Supreme Court Adjudicates Appeals by Sahara Companies on SEBI's Regulatory Powers Over OFCDs. Case centers on Section 55A(b) Companies Act and compliance with DIP Guidelines for issuance of optionally fully convertible debentures....

The case involved two Sahara Group companies, Sahara India Real Estate Corporation Limited (SIRECL) and Sahara Housing Investment Corporation Limited (SHICL), which raised funds through Optionally Ful...

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Supreme Court of India Decides Revenue Appeal Against Tribunal's Order on Excise Valuation of Fiat Cars. Assessee's Price Below Cost Held as Normal Price Under Section 4(1)(a) by Tribunal, Revenue Challenges on Ground That Price Did Not Reflect Manufacturing Cost and Profit....

The dispute concerned the valuation of Fiat Uno model cars for central excise duty under Section 4 of the Central Excise Act, 1944. The assessee, M/s Fiat India (P) Ltd., manufactured cars and filed p...

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Supreme Court Examines Culpability for BMW Hit-and-Run: State Appeals Against High Court's Reduction of Conviction from Section 304 Part II to Section 304A IPC. The Core Issue is Whether the Accused Had Knowledge of Likely Death to Attract the Graver Offence....

The case arose from a fatal motor accident involving a BMW car driven by the respondent, Sanjeev Nanda, on the night of 9/10 January 1999 in New Delhi. The prosecution alleged that the car, driven ras...

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Supreme Court Hears Appeals Against Conviction Under Sections 302, 201, 34 IPC in Dismemberment Murder Case. Accused Challenge Life Imprisonment Contending Weak Circumstantial Evidence and Tutored Witnesses....

The case involved the brutal murder and dismemberment of Archideb Bhattacharjee in 2003 after he refused to pay an extortion demand of Rs.40,000 to the accused. The prosecution alleged that on the nig...

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Supreme Court Hears Constitutional Challenge to COFEPOSA Preventive Detention Powers for Foreign Exchange Violations. Petitioners Contend Absence of Penal Provisions Under FEMA Renders Section 3(1) Unconstitutional....

The writ petition under Article 32 of the Constitution was filed directly in the Supreme Court challenging the constitutional validity of Section 3(1) of the Conservation of Foreign Exchange and Preve...

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Supreme Court Examines Validity of Uttar Pradesh Reservation in Promotion Rules Under Articles 16(4A) and 16(4B) of Constitution. Conflicting High Court Decisions on Requirement of Quantifiable Data for Backwardness and Inadequacy of Representation Lead to Appeals....

The case originated from a batch of civil appeals preferred by the U.P. Power Corporation Ltd. and the State of Uttar Pradesh challenging conflicting judgments of the Allahabad High Court on the issue...