Today we will discuss the latest judicial pronouncement of Compack Enterprises India (P) Ltd. V. Beant Singh, SLP (Civil) No. 2224-2225/2021. The instant case involves a Civil Suit in which the High Court had passed a Consent Decree directing the Petitioner to pay the Respondent certain sums of money till date the Petitioner hands over the actual possession of the suit-property to the Respondent.

To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/02/modification-consent-decree-compromise-agreement-order-xxiii-23-rule-3-3a-compack.html

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Today we will discuss the case of Kotak Mahindra Bank Pvt. Limited v. Ambuj A. Kasliwal and Others, 2021 SCC OnLine SC 95, wherein a question arose with regard to the correctness of an Order passed by the Debt Recovery Appellate Tribunal (DRAT) as well as the High Court, in a matter relating to pre-deposit of debt due, in an appeal before the DRAT. In the present case, the DRAT had ordered deposit of fifty per cent of the amount.

To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/02/recovery-debt-appeal-sarfaesi-securitization-bankruptcy-supremecourt-section-18-21-19.html

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Today we will discuss another latest judicial pronouncement by the Hon’ble Supreme Court of India in the case of High Court of Judicature at Madras Rep. by its Registrar General v. M.C. Subramaniam and Others, 2021 SCC OnLine SC 109, wherein a question relating to refund of Court Fees on account of settlement between the litigating parties came up before the Court.

To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/02/section-89-code-civil-procedure-cpc-settlement-tamil-nadu-69a-refund-court-fees.html

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Today we will discuss the latest judicial pronouncement of OPTO Circuit India Ltd. v. Axis Bank & Ors., Criminal Appeal No. 102/2021, wherein the Court discussed the scope and the power of freezing bank accounts by the authorities under the Prevention of Money Laundering Act, 2002 (in short, “PMLA”).

To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/02/prevention-money-laundering-act-2002-pmla-section-17-freezing-bank-account-opto-circuit-102-crpc-supreme-court.html

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Today we will discuss another recent judicial pronouncement by the Hon’ble Supreme Court, Haryana Space Application Centre (HARSAC) & Another v. M/s Pan India Consultants Pvt. Ltd., Civil Appeal No. 131/2021. In the present case, even though a period of over 4 years had elapsed since the constitution of the Arbitral Tribunal on 14.09.2016, the Award had not been pronounced. The said Arbitral Tribunal had on two occasions i.e., 03.08.2018 in its 28th sitting, and thereafter in the letter dated 08.02.2019 addressed by the arbitrators, recorded that the Tribunal was ready to pronounce the Award forthwith.

To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/02/appointment-arbitrator-arbitration-1996-act-section-12-29a-haryana-space.html

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Today we will discuss a small yet an interesting judgment by the Hon’ble Supreme Court of India in the case of “Advocate on Record Includes a Proprietary Firm etc.” In this case, the moot question was: -

“Whether an Advocate on Record can have entry in Advocate On Record register in the form of his style of carrying on profession i.e. instead of “Siddharth Murarka” as “Law Chambers of Siddharth Murarka”?”

To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/01/advocate-on-record-siddharth-muraka-supreme-court-permissible-style-name-writing-chambers-law-office.html

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Today we will discuss another latest judicial pronouncement by the Hon’ble Supreme Court of India, Lakhvir Singh Etc. v. State of Punjab & Another, 2021 SCC OnLineSC 25, wherein the Probation of Offenders Act, 1958 (in short, “Act of 1958”) was discussed. The issued raised here was also discussed incidentally in an earlier post written by me.

To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/01/supreme-court-minimum-sentence-probation-of-offenders-act-1958.html

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Today we will discuss the case of Anversinh alias Kiransinh Fatesinh Zala v. State of Gujarat, 2021 SCC OnLine SC 19, wherein the victim/prosecutrix who was a sixteen (16) year old girl did not return to her home on 14.05.1998. The father of the Prosecutrix made efforts to trace her but no avail leading to lodging of Police Complaint on 16.05.1998 whereafter the Police located the Prosecutrix and the Accused (18-19 years old) from a Farmhouse.

Charges under Section 363 (Punishment for Kidnapping), 366 (Kidnapping, abducting or inducing woman to compel her marriage, etc.) and 376 (Punishment for Rape) of the Indian Penal Code, 1860 (in short, “IPC”) were framed against the Accused/Appellant.

To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/01/supreme-court-consensual-affair-kidnapping-rape-abduction-anversinh-zala-gujarat.html

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Today we will discuss the maintainability of a second FIR/Complaint with respect to the same cause of action that was present in the FIR. Whether based on same offence, same persons and same incident, is a Second FIR permissible? Though the term FIR (First Information Report) has not been defined anywhere, yet many judicial pronouncements explain this concept that has been enshrined under Sections 154 and 155 of the Code of Criminal Procedure, 1973.

To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/01/second-subsequent-successive-fir-permissible-lalita-kumari-154-155-code-crpc-criminal.html

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In the case of N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd. and Others, 2021 SCC OnLine SC 13, the Supreme Court dealt with the following question: -

Whether an arbitration agreement would be non-existent in law, invalid or un-enforceable, if the underlying contract was not stamped as per the relevant Stamp Act; and, whether allegations of fraudulent invocation of the bank guarantee furnished under the substantive contract, would be an arbitrable dispute.

Thus, there are following sub-issues involved in this case: -

What is the validity of an unstamped Arbitration Agreement?

Whether allegation of a fraud is an arbitrable dispute?

What is the maintainability of Writ Petition under Articles 226 and 227 of Constitution of India to challenge an Order rejecting an application for reference to arbitration under Section 8 of the Arbitration Act?

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Song: Cartoon - Howling (Ft. Asena)[NCS Release]

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