Section 18A – SC/ST Act, 1989 – Constitutional Validity – The Apex Court, observed that provisions of Section 438 Cr.PC shall not apply to the cases under Act. However, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by section 18 and 18A(i) shall not apply. Also, it has overruled the previous judgement of Dr.SUBHASH KASHINATH MAHAJAN Vs. THE STATE OF MAHARASHTRA & ANR – (2018) 6 SCC 454.
The court observed that, a complaint under section 138 of NI Act, when an FIR of offences under section 420, 560 IPC was already filed with respect to circumstances of identical nature/ same transaction does not amount to forum shopping or double jeopardy. The offence under section 420 IPC is Read more »
The court held that, Criminal law does not recognise the terms 'same cause of action’. A per se FIR cannot be cancelled once evidence implicating the petitioner in a conspiracy has been discovered. As soon as an accused makes an attempt to commit an offence, they are subject to punishment, Read more »
The Supreme Court has held that there cannot be a recovery of cess solely on the basis of the report of the Comptroller and Auditor General (CAG) without any statutory adjudication process. It is well settled that when a statute requires a thing to be done in a particular manner, Read more »
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