Exercise of inherent power under sec 482 Crpc or art 226

 The important judgement with regard to principles for excercising power under sec 482 Crpc or under art 226 relied in the case of state of Haryana vs Bhajanlal 1992 supp (1) SCC 335 wherein this court observed  in paragraph 102

  1)where the allegation made in the first information report or the complaint even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused 

)  where the allegations in the first information report and other materials , if any accompanying the FIR do not disclose a cognizable offence justifying an investigation by police officers under sec 156(1) of the code except under an order of a magistrate within the purview of sec 155(2) of the code 

(3) where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused

4) where the allegations in the FIR do not constitute a cognizable offence but constitute a non cognizable offence  no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 156(2) of the code 

5) where the allegation made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can over reach a just conclusion that there is a sufficient ground for proceeding against the accused

(6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned Act ( under which a criminal proceeding is instituted ) to the institution and continuance of the proceedings and /or where there is a specific provision in the code or the concerned Act providing efficacious redress for the grievance of the aggrieved party 

(7) where a criminal proceeding is manifestly attended with mala  fide  and /or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the Accused and with a view to spite him due to private and personal grudge “

Retrial / Ground of Appeal (AI)

 R:   RETRIAL: GROUND OF APPEAL(ARTIFICIAL INT)

Conviction set aside , remanded for retrial : electronic evidence require to be proved properly 

Cr appeal number 4041/2025 Kailash v state of Maharastra dt 15/09/2025 (SC)

Artificial intelligence in judicial precedents

 Role of artificial intelligence in judicial precedents made a radical change , generally two things are faced by researcher , academician , scholar,  advocates and also peoples in judicial field ,and these two things which covers judicial precedents are interlinked with artificial intelligence . The first and foremost thing for proper adjudication for justice in pleading , weighting of evidence with the law , every judgement in judicial precedent comes from an issue which being discussed in parlance of law facts and evidence and adjudicated by judicial mind , the second thing which is useful in search of cases are proper word attracting peoples of law field , these words are very useful in artificial intelligence , this would enhance the working capacity and also shorten the period of searching in reported cases , TO have a proper single word assisting in search has a unique role in artificial intelligence .this exercise would reveal a speedy selection of proper cases , when formation of issue their and these two things would give an instant reach to advocates , jurist and judicial wing 

 in this project

The world of cross border issues

Common legal issues businesses face when expanding internationally 

1)  Regulatory and compliance issues : LOCAL BUSINESS LAWS :

Each country has their own laws governing business formation ,operation, licensing and permits This incudes regulations for specific industries 

2)  Data Protection and Privacy : 

Laws like GDPR (EUROPE) CCPA (California) and other world wide dictate how personal data must be collected stored processed and transferred across borders , non compliance lead to massive fines

3) Anti corruption and Anti bribery laws

 laws like the US FOREIGN CORRUPT PRACTICES ACT (FCPA) and the UK BRIBERY ACT have extra territorial reach meaning they can apply to your company’s conduct even in other countries

4) consumer protection laws 

Regulations vary regarding product liability ,warranties, advertising and consumer rights 

5) Environmental REGULATIONS:

Businesses must comply with local environmental standards which can differ significantly 

2) Corporate and Structural issues

Entity formation :

Deciding on the appropriate legal structure eg,; subsidiary, branch office ,joint venture ,representative office in the foreign country each with its own implications for liability taxations and operational flexibility 

Corporate governances

Adhering to local corporate governances rules board structures and shareholders right 

Mergers and Acquisitions 

If expanding through M&A navigating complex due diligence regulatory approvals and post merger integrations in a foreign legal landscape 

3) Contractual issues 

Choice of law and jurisdiction 

Determining which country’s laws will govern contracts and where disputes will be resolved (eg ; courts , arbitration) this is critical for enforceability

Language and interpretation 

This is very interesting issue that come in countries

Ensuring accurate translation and legal interpretation of contracts as nuances in languages can significantly alter meaning 

Cross border agreements

Drafting and negotiating  contracts with foreign partners suppliers employees and customers considering local legal requirements and cultural practices 

(4)  Intellectual Property issues

Registration and Protection 

Safeguarding trademarks patents copy rights and trade secrets in each target country as IP rights are territorial 

Enforcement 

Developing strategies to enforce IP rights against infringement counterfeiting and piracy in different jurisdiction 

Licensing and technology transfer

Legal complexities involved in licensing IP or transferring technology across borders

 5) Employment and labour laws issues

Hiring and firing : 

Compliances of local labour laws regarding employment contracts wages working hours benefits termination procedures and severances

Employee relations

Understanding collective bargaining rights trade union regulations and workplace safety  standards

Immigration  and visas

Ensuring compliances with immigration laws for expatriate employees

(6) Taxation issues

International tax laws 

Navigating  complex international tax regulations including corporate income tax withholding tax  GST 

/ VAT and custom duties

Tax treaties

Understanding double taxation avoidance agreements between countries countries to minimize tax liability 

Transfer pricing 

Ensuring compliance with rules governing pricing of transactions between related entities in different countries 

7) Dispute resolution 

Litigation:- Understanding the local court system and litigation process which can be vastly different and time consuming 

Arbitration and Mediation 

Exploring alternative dispute resolution mechanism like international arbitration often preferred for its neutrality and enforceability across borders 

Acquittal cases in Ni Act

 Material alteration in cheque appeared from naked eyes resulted in acquittal 2011-Kant LJ -6-476 case title MB Rajasekhar v Savithramma 

Cheque duly signed and voluntarily made over to payee was in discharge of debt or liability arises and it is immaterial that cheque was post dated or blank cheque for filling by payer or any other person unless there is an evidence of undue influence or coercion , case reported in (2021 )  5 SCC 283 title Kalamani Tex and another v/sP Balasubramanian May be referred to

Cheque issued for an existing debt   The drawer cannot issue instruction to bank for stop payment not his liability be absolved by giving a notice to the payee not to present the cheque  case reffrrrd to AIR 1998 sc 1056  Modi cements limited v a Kuchil kumar Nandi 

Complainant has to show to the court that he had capacity to lend huge  amount to the accused (  2019) 15 SCC 550

Returning of cheque unpaid due to closer of account amounts to offence , if the cheque given long back sec 138 not attracted when cheque was post dated (2008 ) 1 SCC 689 title Subodhji S Salaskar v/s  Jaiprakash M shah 

When account was closed not on the intimation given by the accused to Bank but  closed as per rules of the bank , acquittal case reported 2008 (1) crimes 167!Kar Nagaraja Upadhyay’s v/s Sanjeevan 

Where the cheque is returned by the bank for want of full signature, no offence Vinod Tannu v Zaheer Siddiqui( 2002 ) 7 SCC 541

If the cheque to be signed by two persons but signed by one no offence made out Masistrate can not take cognisance , 

Sec 139 NI Act the burden is on the accused to rebut the presumption , to say the complainant Had no source of income to lend huge amount 2015) 1 SCC 99

In  case of signed blank cheque if the drawee dishonestly fills up any excess amount drawer has no obligation to

List of cases where Court acquitted as per facts of case 

1) kumar Exports v Sharma carpets (2009)

2)Basalingappa v/s Mudibasappa (2019)

(3)  Girish kumar suneja v/s CBI  (2017)

(4) Dasrath Rupsingh Rathod v/s state of Maharashtra 

(5)Krishna Janardan Bhat v/sDattatraya G. Hegde (2008)

(6) M/s Gimpex Private Limited v/sManoj Goel  2024 SCC on line Supreme Court 123 Feb 2024 

Grounds of Defense /Acquittal 

1)No legally recoverable debt 

(2)Notice not properly served

(3)Delay in filing complaint 

(4) Material alteration in cheque 

(5)  full payment made before complaint 

(6) Part payment made but it accordance to sec 56 of NIAct no endorsement of payment upon cheque 

7) cheque was given for security and part payment was made thereafter , to give notice of whole amount was not legally enforceable debt 

The burden lies upon the accused to ask question in cross examination to complainant with the  copy of his bank account in evidence so as to get his admission and courts knowledge ( for similar facts of case  citation up held by supreme court in Criminal appal/2022 title Dashrath bhai Trikambhan Patel v/s Hitesh Mahendra bhai Patel decided on dt 11/10/2022 

Partnership runs as per deed

 The question of law when the partnership firm having two partners and one died during business then  partnership would have  dissolved  and reconstitution of firm required as per law

Partnership act 1932 sec :42 :that the partnership will stand dissolved inter Alia on the death of partner but  this is applicable in cases where there are only two partners constituting the partnership firm 

The aforesaid principle would not apply where there are more than two partners in firm and the deed of partnership provides otherwise that firm will not stand automatically dissolved on the death of one of partners 

Supreme Court in case title  Special leave petition (civil) 1381/2025 decided on dt 14 July 2025 title Indian  oil corporation Limited &ors v/s M/s Shree Niwas Ram Gopal & others up held the decision of  single Bench and division Bench of High court of Calcutta  and  dismissed  with observation while relying upon case M/s Wahid Ali Abid Ali v/s commissioner of income tax Lucknow 1988(supp)SCC 193

This latest authority is important in relevancy to facts of the case which were : In this case IOC has refused to recognise the reconstituted firm on the pretext that all the heirs of the deceased partners have not joined or expressed their willingness either way to join or not to join the firm 

The Supreme Court up held that IOCL has no role to play in determining as to who is the competent heir of the deceased partner , it should be left on the  wisdom of the existing partner

 

Agricultural loans & maintainiblity of suit in civil courts

 Whether civil suit  filed in civil court with a relief prayed of nature coming in the preview of civil court , suit would be maintainable ?

In Rajasthan , Banks financed agricultural loan to borrowers with charge of agri land and charge created over land under special statute Rajasthan credit operation removal of difficulties act 1974  and rules framed therein of rule 1976 

The question was  a very legal issue when bank filed a suit in civil court of Revovery against  finance to agriculturist with the charge / mortgage in guarantee 

The point for determination was when Rajasthan tenancy act specifically shows about suits related to mortgages are under preview of  jurisdiction of Rajasthan tenancy act 

Sec 43 of Rajasthan tenancy act reproduced here 

1)  khatedar  tenant or with the general or special permission of the state govt or any officer authorized by it in this behalf , s Gair khatedar tenant May hypothecate or mortgage his interest in the whole or part of his holding for the purpose of obtaining loan from the state govt or a land development bank as defined in the Raj cooperative societies Act 1965 or a cooperative society registered or deemed to be registered as such under the said Act or any scheduled bank  or any other institution notified by the state govt in that behalf 

Further in pursuance of section 43 of tha Act if mortgage is created residuary entry 35 of the Third schedule of Act is attracted 

The question whether bsnk mortgage is outside the scope of the Act ? 

Supreme Court in a reported case title Bsnk of Baroda v/s Moti Bhai ors decided on 29/01/1985 AIR 1985 Supreme Court page 545 clarified the jurisdiction of civil court and set aside the judgement of High court while holding that no doubt the mortgage was executed in the case was in persuance to sec 43 of Raj tenancy Act but the business of the Bank is not to lend money on mortgage but the business is only to lend money and property is  mortgaged under guarantee / mortgage deed and it is a commercial transaction 

Further Supreme Court observed that a suit should be perused in the substance of the matter not in the form of the suit 

On perusal it has been found that suit is basically for recovering the amount which is due to respondents on the basis of Promissory note executed by respondent and guarantee by redd Ad pkndeng number 2& 3

The relief in suit sought by Bank is that the suit should be decreed for the re payment of amount due from the respondents by the second prayer the Bank has asked that in case of non payment of the decretal amount the mortgaged property should be brought to sale and if proceeds of sale is not enough yo meet the decretal liability , the other movable and immovable property of respondent should be put at sale 

Further it was held that the suit is not to enforce mortgage if the mortgage not having been executed under sec 43 of Raj tenancy Acf the residuary entry 35 mentioned in schedule can have no application   When the entry is out of way there is no other provision in the Acf which would apply to the instant suit thus the civil court had jurisdiction 

 

Schedule iii