A. Fraudulent Preference—Section 531: A lease or other transfer executed by the management of a company shortly before a winding-up petition, transferring valuable property for inadequate consideration within six months of proceedings, constitutes a fraudulent preference and is void ab initio. B. Void Transactions Against Liquidator—Section 531A: Transactions not in the ordinary course of business, not in good faith, and without valuable consideration, executed within one year before winding-up, are void against the liquidator. C. Distinction (Sections 531 & 531A): Section 531 renders the transaction void ab initio; Section 531A renders it void only against the liquidator. D. Custody of Property—Section 456(1) & (2): Upon a winding-up order, all properties and effects of the company vest in the Tribunal ...

Commercial Courts / Civil Procedure / Statutory Bars—Temporary Injunctions and Jurisdiction A. Under Section 13(1A) of the Commercial Courts Act, 2015, appellate courts considering challenges to temporary injunction orders must examine preliminary jurisdictional issues, including statutory bars under SARFAESI Act, RDB Act, and IBC, even if not explicitly raised by the parties. B. SARFAESI Act, 2002 (Section 34) bars civil courts from entertaining suits or granting injunctions affecting recovery actions, including prospective measures, as such matters fall within DRT jurisdiction. C. RDB Act, 1993 (Sections 17–18) vests exclusive jurisdiction in DRT for debt recovery; civil courts cannot entertain declaratory or defensive suits relating to debts recoverable under the Act. D. IBC, 2016 (Section 63) grants NCLT exclus...

A. Code of Criminal Procedure, 1973—Section 311 / Bharatiya Nagarik Suraksha Sanhita, 2023—Section 348—Recall of Witness—Scope—Court empowered to summon, recall or re-examine any witness at any stage of trial—Provision to be interpreted purposively to advance cause of justice and discovery of truth—Essentiality of evidence to just decision is determinative test—Rejection of application solely on ground that it was second in line held improper—One opportunity ought to have been granted. [Paras 5 to 7] B. Negotiable Instruments Act, 1881—Section 138—Further Cross-examination of Defence Witness—In prosecution under Section 138 NI Act, recall of DW.1 for further cross-examination permissible where it aids fair adjudication—Though power under Section 311 CrPC...

A. Criminal Procedure Code, 1973 - Sections 156(3), 482—Bharatiya Nyaya Sanhita, 2023—Sections 335, 335(3), 337(3), 339, 340, 341, 323, 324, 329, 126, 351(1), 351(2), 351(4), 240, 242, 246, 314, 318, 319, 322, 308—Fraudulent alienation of property—Allegations of impersonation, forgery, criminal conspiracy, and misuse of public offices—Pendency of civil suits cannot impede criminal investigation if prima facie case exists—Criminal and civil proceedings can proceed simultaneously if facts support both—Investigation directed to continue to bring perpetrators to justice. [Paras 7, 9, 10, 11, 13, 14] B. Criminal Procedure—FIR—Quashing—Civil dispute v. criminal offence—Registration of FIR not liable to be quashed merely because civil suits concerning title and cancellatio...

A. Protection of Women from Domestic Violence Act, 2005—Section 12—Maintainability—Minor daughter—A petition under the Domestic Violence Act is maintainable at the instance of a minor daughter through her natural guardian, as she falls within the definition of an “aggrieved person”—However, allegations of domestic violence, including sexual abuse, must be proved by cogent and reliable evidence—Mere assertion without substantiation is insufficient—Findings of domestic violence recorded without proof held perverse and set aside. [Paras 37–49] B. Protection of Women from Domestic Violence Act, 2005—Sections 2(a), 2(f) & 3—Domestic relationship—Proof of violence—While daughters living in a shared household are covered as “aggrieved persons&rd...

A. Criminal Procedure Code, 1973—Section 372 Proviso (now Section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023)—Negotiable Instruments Act, 1881—Section 138—Appeal against acquittal—Appellant/complainant, being a “victim” in a prosecution under Section 138 of the Negotiable Instruments Act, 1881, is entitled to prefer an appeal against acquittal under the proviso to Section 413 of the BNSS, 2023 (earlier Section 372 Cr.P.C.)—In view of the law declared by the Supreme Court, such appeal is maintainable before the Sessions Court—Present appeal directed to be transferred to the concerned Sessions Court for adjudication in accordance with law. [Paras 2 to 5] B. Criminal Procedure Code, 1973—Section 372 Proviso (now Section 413, BNSS, 2023)—Victim’s right of app...

A. Karnataka Goods and Services Tax Act, 2017—Sections 67, 69 & CrPC Section 41A—Arrest and Search/Seizure—The CGST Act is not a complete code regarding arrest and search; provisions of CrPC apply unless expressly barred or impliedly excluded. (Paras 7.1, 7.2) B. Karnataka GST Act, 2017—Sections 69 & 132—Power of Arrest—Preconditions—Arrest requires possession of material, forming and recording written reasons to believe guilt, and informing the arrestee of grounds for arrest forthwith. (Para 7.1) C. Karnataka GST Act, 2017—Section 69 & CrPC Section 41A—Arrest Procedure—“Reasons to believe” recorded in the file suffice for judicial review; explicit mention in arrest authorization is not mandatory. (Para 7.2) D. Karnataka GST Act, 2017—Sectio...

Bangalore Development Authority Act, 1976—Sections 15, 16, 18(3), 27 & 20—Land Acquisition—Lapse of Scheme—Delay and Laches—Public Interest—Writ Jurisdiction—A land acquisition scheme does not lapse under Section 27 of the BDA Act where possession has been lawfully taken and substantial development has commenced, including formation of layouts and allotment of sites—Compliance with statutory procedure under Sections 15 to 19 of the Act, culminating in issuance of a Final Notification after Government sanction, satisfies procedural fairness; consideration of written objections suffices and personal hearings are not mandatory—Public interest in planned urban development outweighs individual claims once acquisition is lawfully implemented—A writ petition seeking declaration of l...

Constitution of India, 1950—Articles 226 & 227—Land Acquisition—Compensation—Karnataka Industrial Areas Development Act, 1966—Section 29(2)—Bangalore-Mysore Infrastructure Corridor Project—Framework Agreement (FWA)—Project Technical Report (PTR)—Where the petitioner accepted compensation through negotiation under Section 29(2) of the KIAD Act and executed an indemnity bond in full and final settlement, no further claim for enhanced compensation or alternative allotment of land is maintainable—Such acceptance binds the petitioner and bars subsequent claims under writ jurisdiction—Land acquired for the Bangalore-Mysore Infrastructure Corridor Project must be utilized strictly in accordance with the Framework Agreement and PTR, which limit development to five demarcated se...

A. Code of Criminal Procedure, 1973—Section 482—Inherent powers—Quashing of FIR—Abuse of process—Allegations arising out of matrimonial discord found to be vague, omnibus and lacking particulars of statutory cruelty or dowry demand—Roping in of in-laws without specific role or overt act deprecated—Held, criminal process cannot be used as a weapon of harassment; continuation of proceedings would amount to abuse of process—FIR quashed in exercise of inherent jurisdiction. [Paras 8, 12, 17 to 19] B. Indian Penal Code, 1860—Section 498A—Cruelty—Scope—Every marital disagreement or domestic wear and tear does not constitute “cruelty”—To attract Section 498A IPC, allegations must disclose wilful conduct likely to cause grave injury or harassment linked t...