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.
A bench of Justices Abhay Oka and Ujjal Bhuyan emphasized that blindly allowing FIRs to proceed without merit can lead to injustice. The ruling highlights the importance of judicial intervention to prevent misuse of law, reinforcing that each case must be assessed based on its own facts. This decision sets a significant precedent on the scope of High Court powers in safeguarding individual rights against unwarranted criminal proceedings.
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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.
The Supreme Court Collegium has recommended the transfer of Justice Yashwant Varma from the Delhi High Court back to the Allahabad High Court, his parent institution. This decision follows reports of a significant amount of unaccounted cash discovered at Justice Varma's official residence after a fire incident. Firefighters, responding to the blaze, reportedly found substantial cash in various rooms of his bungalow.