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Anand Chaudhuri

Latest Posts by Anand Chaudhuri

Key Supreme Court decisions for week ending 12 Sep 2021

September 13, 2021 3198 Views 0 comment Print

Summary of some key decisions of the Hon’ble Supreme Court of India has been provided below. Arbitration Possible view by Arbitral Tribunal on construction of contractual terms cannot be substituted by High Court under Section 37(1)(c) of Arbitration Act The Supreme Court has discussed and summarised the principles applicable to a Court’s interference with an […]

Summary of key criminal law decisions by Supreme Court in August 2021

September 3, 2021 2727 Views 0 comment Print

Supreme Court on criminal law Mere harassment without positive and proximate action does not amount to abetment of suicide Finding that the allegations against the accused was that of harassment of the deceased and there was no other material on record indicating abetment, in Shabbir Hussain v. State of Madhya Pradesh the Supreme Court has […]

Key decisions of Supreme Court (week ending 22 August 2021)

August 23, 2021 2973 Views 1 comment Print

Summary of some key decisions of the Hon’ble Supreme Court of India has been provided below. Criminal law No obligation on Officer-in-charge to arrest accused when filing chargesheet nor arrest pre-requisite formality to take chargesheet on record by Magistrate In Siddharth v. State of Uttar Pradesh the Supreme Court has held that an accused is […]

Key decisions of Supreme Court for week ending 15 August 2021

August 16, 2021 2601 Views 0 comment Print

My summary of some key decisions of the Hon’ble Supreme Court of India has been provided below. Criminal law Quashing order under Section 482 CrPC may be set aside for failure to consider material collected during investigation/inquiry and statements recorded by IO In the case of Kaptan Singh v. State of Uttar Pradesh & Ors. […]

Medical negligence and telemedicine risks in COVID era

August 8, 2021 1188 Views 0 comment Print

In such circumstances, where criminal action is threatened or taken, diligent, accurate and ongoing maintenance of necessary records, including consent forms and recordings of online consultations provided etc. would lend weight to an immediate plea for interim reliefs (eg. anticipatory bail) before a Court of law.

SC decision on Cancellation of section 12AA/AB registration of Trust

August 4, 2021 10146 Views 0 comment Print

Cancellation of registration of a Trust or Institution under section 12AA/AB of Income-tax Act 1961 – latest Supreme Court decision and legal ramifications Registration of trust or institution Income of a Trust created wholly for charitable or religious purposes or an institution established wholly for such purposes is exempt from income tax if granted registration […]

Delay in possession – law & legal options for property buyer/allottee

August 3, 2021 12603 Views 0 comment Print

Delayed possession    Delay in possession of the flat or apartment property purchased and allotted is a common occurrence, it is also the principal ground on which a property buyer or allottee usually relies (and often succeeds) in legal action against the builder, developer or promoter. The measure of the delay can be quantified where […]

SEBI consent not pre-condition to compounding offences under SEBI Act: SC

July 31, 2021 801 Views 0 comment Print

SEBI consent not pre-condition to compounding offences under SEBI Act — Supreme Court interprets and issues guidelines Compounding offences under SEBI Act Offence punishable under the the Securities and Exchange Board of India Act 1992 (SEBI Act) may be settled i.e. compounded vide section 24A of the SEBI Act, either before or after the institution […]

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