Legally Sane

On 22/03/2022, A Division Bench of the Hon’ble Supreme Court of India in Criminal Appeal No. 463 of 2022 titled Vijay Kumar Ghai & Ors. Vs. The State of West Bengal & Ors., has reiterated the law related to the theory of Forum Shopping, quashing of criminal proceedings, criminal breach of trust, and cheating, wherein, SMC Global Securities (Respondent) invested an amount of Rs. 2.5 Crore with M/s. Priknit Apparels (Appellant) and therefore an allotment letter was issued in favor of the Respondent whereby 2,50,000 shares were issued in lieu of the investment made by the Respondent. Having failed to bring the IPO as per the memorandum of understanding, Respondent issued a legal notice to the Appellant, who duly replied to the legal notice denying all the allegations contained in the said legal notice.    Resultantly, Respondent filed 2 complaints i.e. a complaint u/s 156(3) of Cr.P.C. at New Delhi and a complaint which was eventually registered as FIR at Kolkata on ...

On 21/03/2022, A Division Bench of Hon’ble Supreme Court of India in Criminal Appeal No. 451 of 2022 titled Gangadhar Narayan Nayak @ Gangadhar Hiregutti Vs. State of Karnataka & Ors. has discussed the cognizability and non-cognizability of an offence punishable under the POCSO Act with special reference to Section 23 of the said Act, wherein, a news report was published in the newspaper, Karavali Munjavu, regarding the sexual harassment of a 16 years old girl with the real name of the victim . Subsequently, the victim’s mother lodged a complaint, inter alia, against the editor of the said newspaper (Appellant) under Section 23 of POCSO, pursuant to which a criminal case was started against the Appellant. Court of the Principal District Judge, on the basis of Police Report, filed under Section 173 of Cr.P.C., took cognizance of the offence alleged and directed that summons be issued to the appellant. Thereafter, the Appellant filed an application for discharge under Section 227 of ...

On 22/03/2022, A Division Bench of Hon’ble Supreme Court of India in Civil Appeal No. 1991 of 2022 titled Kirpal Kaur & Anr. Vs. Ritesh & Ors. has observed and held that merely because in the document the purpose of sale of the property was stated to be for the marriage expenses, the document which otherwise can be said to be an agreement to sell, will not become a loan agreement and/or security document , wherein, one Gurmeet Singh, predecessor-in-interest of the defendants, the owner and in possession of land admeasuring 8 kanals, executed an agreement to sell in favour of one Jai Parkash, predecessor-in-interest of the plaintiffs for a sale consideration of 4 Lakh Rupees.  An amount of 3 Lakhs and 50 Thousand was paid as earnest money to the said Gurmeet Singh. In the agreement, it was also stated that if the vendor fails to perform his part of the agreement, then the vendee would be entitled to double the earnest money or in the alternative, to get the sale deed execu...

On 24/03/2022, A Full bench of the Hon'ble Supreme Court of India in Criminal Appeal No. 852 of 2018, titled Sartaj Khan Vs. State of Uttarakhand has observed and held that there is no requirement of according previous sanction under Section 188 of the Cr.P.C. if offence is partly committed outside India and partly within India, wherein, it was alleged by the prosecution that the appellant/accused imported a minor girl from Nepal to India by enticing and alluring her for the purpose of illicit human trafficking. The appellant/accused was charged and tried for having committed the offences punishable under Sections 363, 366-B, 370(4), 506 of IPC, and Section 8 of the POCSO Act. The Trial Court having acquitted the appellant of the charges leveled against him, the State of Uttarakhand preferred the Government Appeal challenging the acquittal. The High Court set aside the order of acquittal and convicted the appellant of the offences punishable under Sections 363, 366-B, 370(4), and...