In a recent ruling, the Supreme Court has observed that an advocate cannot be expected to verify the genuineness of a power of attorney (POA) unless there exist reasonable doubts of its genuineness. The attorney was accused of acting in connivance to file a case based on a fabricated POA. The Supreme Court set aside the judgements of the trial court and high court, and dismissed the charges against the advocate.
𝘊𝘢𝘴𝘦: 𝘐𝘴𝘮𝘢𝘪𝘭𝘣𝘩𝘢𝘪 𝘏𝘢𝘵𝘶𝘣𝘩𝘢𝘪 𝘗𝘢𝘵𝘦𝘭 𝘷𝘴. 𝘛𝘩𝘦 𝘚𝘵𝘢𝘵𝘦 𝘰𝘧 𝘎𝘶𝘫𝘢𝘳𝘢𝘵 (11.02.2025 - 𝘚𝘊 𝘖𝘳𝘥𝘦𝘳): 𝘔𝘈𝘕𝘜/𝘚𝘊𝘖𝘙/24074/2025
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The Supreme Court has reaffirmed that High Courts can quash FIRs at the nascent stage of investigation under Section 482 CrPC/ Section 528 BNSS if the allegations do not disclose a prima facie offence. In a recent judgment, the Court quashed an FIR against Congress MP Imran Pratapgarhi, stating that the case was a clear abuse of the legal process.
The Delhi High Court, in 𝑭𝒂𝒊𝒕𝒉 𝑪𝒐𝒏𝒔𝒕𝒓𝒖𝒄𝒕𝒊𝒐𝒏𝒔 𝒗𝒔. 𝑵.𝑾.𝑮.𝑬.𝑳 𝑪𝒉𝒖𝒓𝒄𝒉 (𝑨𝑹𝑩.𝑷. 1318/2024), ruled that when an arbitration agreement does not specify a seat or venue, the court's jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996, must be determined based on Sections 16 to 20 of the Civil Procedure Code, 1908. The ruling, delivered by Justice Manoj Kumar Ohri on March 20, 2025, emphasized that 𝗷𝘂𝗿𝗶�...
In a significant ruling, the Supreme Court of India in Disortho S.A.S. v. Meril Life Sciences Pvt. Ltd. held that Indian courts have jurisdiction to appoint an arbitrator even if the arbitration venue is in a foreign country, provided the contract specifies Indian law as the governing law.