Unite Social Welfare Council’s Post

Section 227 Of BNS Giving false evidence. Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence. Explanation 1.—A statement is within the meaning of this section, whether it is made verbally or otherwise. Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know. #uswc #falseevidence #legalobligations #perjury #falsestatements #lawandjustice #oathbinding #declarationlaw #legaltruthfulness #criminaloffense #falseattestation

The Supreme Court, led by Chief Justice DY Chandrachud, recently ruled that legal procedures for the Insolvency and Bankruptcy Code (IBC) cannot be bypassed using "inherent powers." This means the National Company Law Appellate Tribunal (NCLAT) must follow set steps for withdrawing insolvency cases and cannot shortcut these rules. This judgment aligns with earlier cases, where the Supreme Court had to use special powers (Article 142) to allow withdrawals of insolvency cases after admission. The Court later recommended changes to the IBC, and a committee suggested allowing post-admission withdrawals if 90% of the Committee of Creditors (CoC) agrees. https://lnkd.in/g7gmGY6K #SupremeCourt #IBC #Insolvency #Bankruptcy #Legal #Law #India #Justice #NCLAT #CommitteeOfCreditors #CoC #LegalProcedures

𝐈𝐧 𝐭𝐡𝐞 𝐫𝐞𝐜𝐞𝐧𝐭 𝐜𝐚𝐬𝐞 𝐨𝐟 𝐄𝐦𝐭𝐚 𝐂𝐨𝐚𝐥 𝐋𝐭𝐝. 𝐯𝐬. 𝐏𝐡𝐨𝐞𝐧𝐢𝐱 𝐀𝐫𝐜 𝐏𝐯𝐭. 𝐋𝐭𝐝., the Hon'ble Supreme Court has upheld the NCLAT's decision, reinforcing the rights of an Assignee under the SARFAESI Act. The Court confirmed that when a Debt Assignment Agreement is registered without any objection on stamp duty, the Assignee is fully protected under Section 5(2) of the SARFAESI Act and is entitled to prosecute a Section 7 application under the Insolvency Code. This ruling emphasizes the robustness of the SARFAESI Act in safeguarding the interests of assignees. #LegalUpdate #SupremeCourt #SARFAESIAct #InsolvencyCode #DebtAssignment #ipibc #manindratiwari

[Cases Reported] 2024 SCC Vol. 4 Part 1 Read More Here- https://lnkd.in/gsi8Fjcf #ConstitutionofIndia #2024SCC #arbitrationandconciliationact #ClaimofJuvenility #GroupofCompanies #MarketsandExchanges #SecuritiesMarketsContracts #scconline #SCC #legalnews #legalknowledge #scctimes #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews

In this insight, our associate, Mr. Siddharth Jha, examines the onerous burdens faced by the accused under the Prevention of Money Laundering Act, 2002 ('PMLA'). The piece delves into the stringent conditions set by s. 45 of the PMLA, which tilt the scales against the accused even before trial. The author scrutinizes the ED's obligations versus the accused's burdens, citing legal precedents to highlight the disproportionate challenges in securing bail. His analysis critically assesses the judiciary's role in maintaining fairness during pre-trial proceedings, emphasizing the need for a balanced approach in bail jurisprudence related to economic offenses. Read the full article here: https://lnkd.in/gysMTsDB #MetalegalAdvocates #MetalegalInsights #PMLA #EconomicOffenses #BailReform #JudicialPrecedents #MoneyLaundering #BurdenOfProof #EnforcementDirectorate #AccusedRights #LegalAnalysis

CPC O.1 R.3 - All persons may be joined as defendants in a single suit where (a) any right to relief arises out of the same act or transaction or series of acts or transactions, and (b) there is a common question of law of fact - Requirements in clause (a) and (b) are cumulative and not alternative 2024 KHC OnLine 393

Past and Closed Transactions 2017 SCMR 1787 "...The concept of past and closed transaction was evolved to protect and safeguard the accrued and vested rights of the parties under a statute which subsequently is found and declared ultra vires for the simple reason that such declaration is always prospective unless the Court specifically gives to such declaration a retrospective effect, by declaring the statute as non est i.e never existed in the eyes of law...." Therefore where a statute is deemed non est from the day of its promulgation then as a consequence all steps that have been taken, actions suffered, and all orders that have been passed by whatever authority, and orders passed by the Courts including the orders of discharge and acquittals recorded in favour of accused persons, are also declared never to have existed in the eyes of law and thus of no legal effect.

Can a complainant seek police intervention for the recovery of money? The Supreme Court has reiterated a crucial legal principle, emphasizing that a contractual dispute or breach should not trigger criminal proceedings. The bench clarified that a mere contractual disagreement doesn't warrant police involvement, and they can't act as a civil court for monetary recovery. 💼 The case involved a complaint seeking police intervention for the recovery of money owed. The police registered an FIR under IPC Sections 405 and 506. The High Court, while providing protection from arrest, refused to quash the criminal proceedings, leading to an appeal before the Supreme Court. ⚖️ The Supreme Court scrutinized the case, emphasizing that the matter arose from a breach of contract involving the sale of goods, not criminal intent. 🚫 Expressing displeasure, the Court clarified that the High Court should use its power under Section 482 Cr.P.C. to quash criminal proceedings arising from contractual violations. 📜 The Court highlighted past judgments on this distinction between civil wrongs and criminal offenses, urging their consistent application. The judgment ultimately quashed the criminal case, asserting that initiating criminal processes without a criminal offense is an abuse of the law. #police #supremecourt #crpc #recovery #money

Suit for recovery of money on the basis of pronote ---Dismissal of suit instituted after period of limitation---Scope---Court while determining the question of limitation, which is a mixed question of law and facts may require affidavit to be attached with the application for leave to defend, if the said question is to be determined by the resolution of some disputed facts---However, if for resolution of said question of limitation, decision has to be made on admitted facts or facts which are not disputed then the Court on its own can determine the said question of limitation even if not raised by any party whether leave to defend has been granted or not. MUHAMMAD BASHIR vs Syed IMDAD ALI SHAH 2023 YLR 1341

The Bharatiya Nagarik Suraksha Sanhita (BNSS) has brought significant reforms to India's legal framework, particularly in tackling property linked to criminal activity. By streamlining the process for property forfeiture, BNSS ensures accountability while protecting the rights of property owners. From "Attachment to secure assets during investigations" to "Forfeiture as a decisive step against criminal gains", the provisions balance justice with due process. This article breaks down the steps, key legal insights, and safeguards under BNSS. Dive in to explore how the law is reshaping justice in India. https://lnkd.in/gBa6KAPp