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Showing posts from May, 2021

Criminal Proceeding Can be Quashed at any stage after Invoking Power u/s 482 of Cr.P.C if settlement arrived between the Parties even after conviction/Punishment.

  In the Matter of Soban vs State of kerla in Crl. Appeal No.1587/2006, The Hon’ble Kerla High Court held that :- ( only for Information)   The decision of the Apex Court in Nikhil Merchant (supra) where relying upon the decision in Joshi (supra), the Apex Court took note of the settlement arrived at between the parties and   quashed the criminal proceedings for the offence punishable under Sections 420, 467, 468 and 471 r/w 120B of I.P.C. and held that since the criminal proceedings had the overtone of a civil dispute which have been amicably settled between the parties, it was a fit case where technicality should not be allowed to stand in the way of quashing of the criminal proceedings since the continuance of the same after the compromise arrived at between the parties would be a futile exercise. In Manoj Sharma (supra) also, the Supreme Court took the view that once the disputes are settled between the parties amicably, High Court cannot refuse to exercise the ...

Bail in black marketing or over Price of Remdesivir and Favipiravir.

    Bail denied in black marketing of Remdesivir and Favipiravir by Bombay High Court .   In the Matter of : Pravin Sukhraj Jain Vs The State of Mahrastra in ANT. BAIL APPLICATION (ST) NO.2109 OF 2020 held that:- This will ensure early access of Remdesivir for treatment of severe COVID patients in the country under the Restricted Emergency Use. Favipiravir Tablet has been approved for manufacture and marketing on 19.6.2020. Both Remdesivir and Favipiravir formulations are required to be sold under the prescription of medical specialists only. Further, Remdesivir formulations are required to be supplied for use only to the hospital institutions to ensure proper use of the drug as recommended. In both the cases, informed consent of the patient or his / her representative in the prescribed form is mandatory before initiating the treatment." 9 Upon reading these two communications along with the provisions of the Drugs (Prices Control) Order, 2013, it may be stated ...