In Ghanshyam Soni v. State (NCT of Delhi) (2025 INSC 803), the Supreme Court held that for Section 468 CrPC, the limitation period runs from the date a complaint is filed, not when the Magistrate takes cognizance. A timely 498A IPC complaint cannot be dismissed as time-barred due to court delays. Relying on Bharat Damodar Kale (2003) and Sarah Mathew (2014), the Court said penalizing a complainant for judicial delay is unfair and may breach Article 14.
Jurisdiction in tax assessment matters often appears to be a rigid framework governed by territorial boundaries. However, Section 127 of the Income Tax Act, 1961, introduces a dynamic mechanism that allows for the transfer of cases between assessing authorities to facilitate better administration. This article delves into... Read more »
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... Read more » Read more »
The Hon’ble Apex Court has observed that, mere recovery of the currency note and positive result of the phenolphthalein test not enough in the peculiar circumstances of the case, to establish guilt of the appellant on the basis of perfunctory nature of materials and prevaricating type of evidence. That the Charge must be proved beyond... Read more » Read more »
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