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🚫🔒 "Threats to Withdraw FIRs: A New Perspective from the Supreme Court" ⚖️ In a recent legal twist, the Supreme Court of India has shed new light on the matter of coercing individuals to withdraw First Information Reports (FIRs) or settle disputes outside the court. The apex court's ruling indicates that such threats, while reprehensible, may not necessarily attract an offense under Section 195A of the Indian Penal Code (IPC). 🏛️ Section 195A of the IPC deals with offenses relating to contempt of lawful authority of public servants. Traditionally, it has been understood that pressuring someone to withdraw an FIR or settle a dispute could be seen as an affront to the authority of the state and thus fall under this section. However, the Supreme Court's recent interpretation has added a layer of nuance to this understanding. 🧐 📜 **Supreme Court's Ruling**: The Supreme Court opined that while pressuring someone to withdraw an FIR or settle a dispute is certainly undesirable and unethical, it may not always constitute contempt of lawful authority. The court emphasized that the context and nature of the threat must be carefully examined. It held that the offense under Section 195A is confined to contemptuous acts that undermine the authority of a public servant in the administration of justice. 💬 **Implications and Interpretation**: The court's ruling opens the door to a more nuanced understanding of offenses under Section 195A. It highlights the importance of considering the larger context, intent, and implications of such threats. While it does not condone such behavior, it acknowledges that not all instances of pressuring an individual to withdraw an FIR will automatically fall within the purview of the section. 🛑 **Ethical Considerations**: While the legal dimension has been clarified, the ethical implications of pressuring someone to withdraw an FIR or settle a dispute should not be undermined. Businesses, individuals, and legal professionals should be cautious in their actions and prioritize ethical conduct that upholds justice and fairness. 🤝 **Conclusion**: The Supreme Court's ruling serves as a reminder that the realm of legal interpretation is often intricate and multifaceted. While the court has narrowed the scope of Section 195A of the IPC, it remains essential for individuals and businesses to act with integrity and respect for the law. In the pursuit of justice, legal processes and ethical considerations must go hand in hand. ⚖️🤝 By Aura & Company, India's Premier Law Firm (The Auraleague) #resource LiveLaw

Senior Associate Solicitor Stuart Barton shares some expert insight into the recent Supreme Court Ruling in the Unger And Anor v Ul-Haan & Anor case. More on this case & some explanation of the ruling can be viewed below ↙️↙️ https://lnkd.in/eeixqcVY #WeAreHuman #GotYourBack

Proposition no.5 Mr.A was acquitted by the trial court on 01-01-2022 from a charge of forgery. Mr. B filed an appeal against acquittal which was dismissed on 01-06-2023. After dismissal of appeal Mr.A filed suit for malicious prosecution against Mr B on 01-07-2023 before the civil court which was contested by Mr.B by filling an application under order 7 rule 11 cpc. Please discuss the pro and cons of this application keeping in view of: 1.Maintainability of application under the latest amendments in CPC. 2. Limitation of the suit for malicious prosecution 3. Result

Personal Jurisdiction. This is an interesting decision from the Florida Third DCA today that reiterates the need for an affidavit to be based on personal knowledge, and that an affidavit by counsel that is not based on personal knowledge is merely argument and not evidence. The court reversed and remanded for the Defendant to be dismissed based on lack of personal jurisdiction, and the court explained: "Once [Defendant] filed his affidavit fully disputing the jurisdictional allegations in [Plaintiff’s] complaint, the burden was on [Plaintiff] to prove a basis of jurisdiction. Because [Plaintiff’s] declaration was legally insufficient to refute the factual assertions set forth in [Defendant's] affidavit, his motion challenging personal jurisdiction should have been granted." #personaljurisdiction #litigation #appeals #appellatelinkedin #appellatelaw

A unanimous #CaliforniaSupremeCourt decision rules that plaintiffs who are compelled to arbitrate individual claims for civil penalties under #PAGA retain standing to litigate non-individual PAGA claims in court. Our alert tells you more. #PAGAlitigation #PAGAclaims #arbitration

Issue:- whether the court can "strike off " the defence of husband in maintenance proceedings or not? case:- Rajensh v. Neha 2020 In this case supreme court frame complete and comprehensive guidelines related to maintenance proceedings. In this case supreme court mandate that both parties should file the affidavit of disclosure of assets and liabilities in all maintenance proceedings.. If the respondent delay in filling the reply with affidavit and seek more than two adjournment for this purpose, the court may exercising the power to "strike off" the defence of the respondent (husband). If the conduct is found to be wilful and contumacious in delaying the proceedings. #judgments #matrimonialservices #maintenanceproceedings #Currentlegalupdates #legalcurrentaffairs #judiciarypreparation #legalupdateseries #judgment

Guilt under IPC Section 306 cannot be based on presumption: Supreme Court acquits man in wife's 1993 suicide case Reported by Ridhi khurana Read More Here- https://lnkd.in/gPfEgvvy #Abetmentofsuicide #acquittal #CogentEvidence #Cruelty #presumption #section306 #SupremeCourt #scconline #SCC #legalnews #scconlineblog #legalknowledge #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews

📢 Important judgment on Section 138 of the Negotiable Instruments Act! 📜 The recent order quashes criminal complaint. The court emphasized that peritioner wasn't a signatory and referred to key judgments, including 'Raghu Lakshminarayanan v. M/s Fine Tubes,' reinforcing the importance of individual liability. The ruling highlights the need for specific allegations and signatures for prosecution under Section 138.#LegalUpdate #Section138 #NIAJudgment