Advocate Asif Pathan

10/10/2025

Advocate Asif Pathan

22/08/2024

Supreme Court’s suo motu powers: An analysis

The national dailies and all the legal news platforms were abuzz by the news of the Supreme Court taking suo motu cognizance of the r**e and murder of a doctor

21/08/2024

Weekly Overview| Supreme Court Judgments: August 12 – August 16, 2024

1) Jostling & pushing by accused with an attempt to wriggle out was not with any intention to assault or use criminal force: SC sets aside concurrent conviction u/s 353 IPC The Court acquitted a...

20/08/2024

“The nation cannot await another r**e or murder for real changes…” Taking suo motu cognisance of the Kolkata case, this is what the Supreme Court ordered…
Watch the full video here: https://youtube.com/li...​
**ecase

“The nation cannot await another r**e or murder for real changes…” Taking suo motu cognisance of the Kolkata case, this is what the Supreme Court ordered…Wat...

29/02/2024

Not marrying after proposal is not cheating unless there was intention to cheat: Supreme Court

The Supreme Court recently quashed a cheating case under Section 417 of the Indian Penal Code (IPC) against a man (petitioner/ appellant) who had not gone throu

19/02/2024

HC Okays Redevelopment Of Sun Valley At Ramdevnagar

Asks Two Objecting Members Of The Society To Vacate Their Flats And Give Peaceful Possession To Ensure Redevelopment Of The Apartment - by Ahmedabad Mirror

HC okays redevelopment of Sun Valley at Ramdevnagar

10/02/2024

_*⭐SC: Criminal Prosecution cannot continue when basic ingredients of offences alleged are missing in charge-sheet.*_

_Indian Penal Code, 1860 – Sections 323,384 and 406 – Criminal Procedure Code, 1973 – Section 482 – Hurt, extortion and criminal breach of trust – Summoning order – There is not even a whisper that after incident first respondent went to a doctor or underwent any kind of treatment – Basic ingredients to constitute offence under Section 323, Indian Penal Code is lacking in charge-sheet – In absence of such ingredients/accusations in charge-sheet it cannot be said a prima facie case of commission of offence under Section 384 is made out therein – Similarly, in absence of basic ingredient of entrustment of property and dishonest usage or disposal of any such property to satisfy offence punishable under Section 406, IPC Charge of commission of offence thereunder also cannot be attracted – No useful purpose is likely to be served by allowing criminal prosecution against appellant to continue based on charge-sheet as ingredients of all alleged offences are wanting in this case – High Court has clearly fallen in error in not invoking powers under Section 482, Cr.P.C. to quash proceedings qua appellant – Order passed by High Court in Criminal Misc Application qua appellant quashed and set aside and FIR and summoning order quashed._

(Paras 9, 10, 11, 12 and 13)

_Case:_
_*Abhishek Saxena Vs. The State of Uttar Pradesh and Another*_

_Citation:_
_*2024 (1) Supreme 207*_

_Decided On:_
_*28-11-2023*_

04/02/2024

Supreme Court Stays Section 138 NI Act Cases Instituted By NBFCs In Different States For Loans Availed In Another State

The Supreme Court has issued notice in a batch of transfer of petitions filed by a company- Viagro and its partners aggrieved by the institution of proceedings under Section 138 of the...

30/01/2024

NI Act की धारा 138 | यदि अभियुक्त चेक पर हस्ताक्षर करने में विवाद करता है तो बैंक से नमूना हस्ताक्षर की प्रमाणित प्रति ली जा सकती है: सुप्रीम कोर्ट State Bank of India Central Bank of India

परक्राम्य लिखत अधिनियम (NI Act) की धारा 138 के तहत शिकायत में यदि अभियुक्त चेक पर हस्ताक्षर पर विवाद कर रहा है तो चेक पर दि....

30/01/2024

मैकबुक एयर लैपटॉप में खराब कीबोर्ड/ट्रैकपैड के लिए , कोलकाता जिला आयोग ने रिलायंस डिजिटल, एप्पल और इमेजिन को सेवा में कमी के लिए उत्तरदायी ठहराया

जिला उपभोक्ता विवाद निवारण आयोग कोलकाता यूनिट-2 के अध्यक्ष सुकला सेनगुप्ता (अध्यक्ष) और रेयाजुद्दीन खान (सदस्य) की ....

29/01/2024

Supreme Court Surprised At Practice Of Gujarat Courts Giving Police Liberty To Seek Remand While Granting Anticipatory Bail; Issues Notice To HC

The Supreme Court on Monday (January 29) expressed surprise at the practice followed by Courts in Gujarat of giving the police liberty to seek remand of the accused even while granting

29/01/2024

Auction sale - At the time when property was put to auction, J.D. was not the owner - Property could not have been put to auction. (S.C.)

Dishonour of cheque - Merely because accused cannot be served either through ordinary summons or through bailable or non bailable warrants cannot be the basis for issuance of proclamation u/s 82 Cr.P.C. (P&H)

Dowry death - Cruelty - Mere death of deceased being unnatural in matrimonial home within seven years of marriage will not be sufficient to convict accused u/ss 304-B, 498-A IPC. (S.C.)

Temporary injunction - Co-sharers - Mere raising of construction on joint property by one of co-sharers cannot be termed to be an act of ouster of other co-sharers - Injunction rightly denied. (P&H)

Recall of a witness - Application bereft of any reasons as to why and what questions remained to be put to the witness - Order allowing recall of witness set aside. (P&H)