A. Companies Act, 1956—Sections 108 & 629A—Transfer of Shares—Issue Estoppel: A complaint filed by the Registrar of Companies based on allegations already adjudicated in a prior private complaint by a shareholder is barred by the principle of issue estoppel—Re-litigation of matters conclusively decided in earlier proceedings is impermissible. B. CrPC, 1973—Section 482—Quashing of Proceedings—Where a complaint by the Registrar of Companies is based on the same facts as a previously dismissed private complaint, it is barred by issue estoppel—The High Court may exercise inherent powers to quash such proceedings to prevent abuse of process. C. Issue Estoppel—Application in Criminal Trials—The principle of issue estoppel applies in criminal trials, precluding re-litigation o...

A. Prevention of Money Laundering Act, 2002—Section 439 CrPC—Bail Application—Applicant arrested on 03.03.2025, not named in initial FIR/ECIR, only included in 7th Supplementary Prosecution Complaint; no prima facie allegations in NIA predicate offence proceedings—Delayed inclusion reflects absence of a prima facie case, supporting bail consideration. B. PMLA, 2002—Sections 3, 4 & 70—Money Laundering; "Proceeds of Crime"—Mere association with an organization or holding position is insufficient to establish personal involvement in money laundering—Property qualifies as “proceeds of crime” only if directly derived from criminal activity relating to a scheduled offence. C. PMLA, 2002—Section 66(2)—Disclosure to Concerned Agency—Disclosure of inf...

A. Arbitration and Conciliation Act, 1996—Section 37—Appeal Against Order Under Section 34; Scope of Interference—Appellate jurisdiction under Section 37 is narrow, limited to examining legality of the trial court’s findings under Section 34, and does not permit reassessment of the merits of the arbitral award. B. Arbitration and Conciliation Act, 1996—Sections 34 & 37—Limited Judicial Interference—Courts must respect the finality of arbitral awards and party autonomy—Re-appreciation of evidence, factual findings, or substituting the court’s view for that of the arbitrator is impermissible unless the award is patently illegal or contrary to public policy. C. Arbitration and Conciliation Act, 1996—Section 34—Grounds for Challenge—Interference is confined to s...

A. Family Court Act, 1984 / Domestic Violence Act, 2005—Conflicting Orders—Exceeding Jurisdiction: A Family Court order restraining the appellant from residing in the matrimonial home, despite an earlier protection order issued by the Judicial Magistrate, was held improper and set aside—The Family Court cannot act in a manner that effectively reviews or overrides a Magistrate’s order. B. Reconsideration of Interlocutory Orders—The Family Court was directed to reconsider the interlocutory application, taking into account all relevant factors, including subsequent orders from the Judicial Magistrate—Reconsideration is to be completed within a specified period, ensuring both parties are heard and due process is followed. ...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528—Inherent Jurisdiction of High Court; Quashing of Proceedings: The High Court may exercise its inherent powers to quash criminal proceedings where disputes between parties have been amicably settled, particularly in cases involving non-grave offences, and continuation of prosecution would not serve the ends of justice. B. IPC, 1860—Sections 420 & 34—Cheating and Criminal Conspiracy; Quashing of Proceedings: Where parties have genuinely resolved their disputes and the aggrieved party does not wish to continue prosecution, and no public interest is implicated, criminal proceedings can be quashed to secure justice. C. CrPC, 1973—Quashing of Proceedings; Settlement of Dispute: A bona fide and genuine settlement between parties, especially in offence...

A. Kerala High Court Act, 1958—Section 5(i)—Maintainability of Writ Appeal: A writ appeal against an interim order is maintainable if the order substantially affects rights or liabilities or causes prejudice, and not merely on procedural grounds. B. Constitution of India, 1950—Articles 226 & 227—Appealability: While jurisdiction under Article 226 differs from Article 227, orders passed under Article 226 can be challenged by way of writ appeal when the principal nature of the order affects rights substantially. C. SARFAESI Act, 2002—Sections 17 & 18—Alternative Remedy: Writ petitions under Article 226 should not be entertained where an effective statutory remedy, such as appeal to the Debt Recovery Appellate Tribunal (DRAT) with mandatory pre-deposit, is available. D. SARFAESI Act, 2002&...

A. IPC, 1860—Sections 120B & 420—Criminal Conspiracy and Cheating; PCA, 1988—Sections 13(1)(d) & 13(2)—Abuse of Official Position: Conviction under Section 420 IPC requires proof of intention to cheat at the inception of the transaction—Evidence showing that a loan was converted into an ordinary loan with higher interest due to construction inability, and subsequently repaid, negates any deceitful intention or pecuniary gain—Acquittal was ordered where no loss to the bank or wrongful gain to the accused was established beyond reasonable doubt. B. Prevention of Corruption Act, 1988—Sections 13(1)(d) & 13(2)—Dishonest Intention: The essence of the offence is dishonest intention and obtaining pecuniary advantage by corrupt means—Acquittal was justified when there was no evi...

A. Kerala Anti-Social Activities (Prevention) Act, 2007—Sections 15(1)(a) & 2(p)(iii)—Known Rowdy—The petitioner was classified as a “known rowdy” due to recurrent involvement in criminal activities, including recent offenses under the Bharatiya Nyaya Sanhita, forming the basis for initiating externment proceedings. B. Kerala Anti-Social Activities (Prevention) Act, 2007—Section 15(1)(a)—Externment Order; Bail Consideration: While no law prohibits externment of a person on bail, the authority must consider whether existing bail conditions are sufficient to prevent further criminal activity. C. Kerala Anti-Social Activities (Prevention) Act, 2007—Section 15(1)(a)—Sufficiency of Bail Conditions—The authority examined the petitioner’s violation of prior bail conditio...

A. Railways Act, 1989—Section 123(c)—Untoward Incident—Bona Fide Passenger; Burden of Proof.—The claimant bears the initial burden of proving relevant facts by affidavit to establish entitlement as a bona fide passenger, which then shifts the evidentiary burden to the Railways—Mere absence of a ticket does not automatically disqualify a passenger from being bona fide. B. Railways Act, 1989—Section 123(c)—Untoward Incident; Death Compensation—Where the deceased’s body is found away from the railway tracks, it does not conclusively indicate that the deceased was not travelling on the train—Injured passengers may move from the train tracks to avoid further harm, and such movement does not negate the claim. C. Railways Act, 1989—Section 123(c)—Untoward Incident; Dea...

A. Negotiable Instruments Act, 1881—Section 138—Dishonour of cheque—Conviction—Suspension of sentence—Petitioner convicted under S. 138 NI Act and sentenced to imprisonment and fine—During pendency of revision petitions, substantial payments made to complainant (₹ 1.5 crores in addition to ₹ 75 lakhs already deposited and released)—Considering partial satisfaction of liability and overall circumstances, sentence suspended temporarily—Suspension subject to furnishing personal bond and compliance with conditions—Interim protection granted pending further proceedings. [Paras 3 to 8] B. Criminal Procedure—Suspension of sentence—Conditions—While suspending sentence, Court imposed safeguards to secure presence of accused and ensure compliance—Conditions in...