A Partition Suit Is a Suit for Land: Bombay High Court Rejects Plaint for Want of Clause XII Leave Senior Citizens Act Cannot Be A Shortcut To Reclaim Property Registered In Wife's Name: Bombay High Court Mere Issuance Of Summons Under Section 204 Cr.P.C. Does Not Give Rise To Apprehension Of Arrest – No Anticipatory Bail: Supreme Court State Cannot Balance Budgets on the Backs of Teachers: Punjab & Haryana High Court Orders Regularization of Contractual School Staff Authorities Cannot Interpret Court Orders On Their Own – Proper Course Was To Seek Clarification: Madras High Court Upholds One Month Civil Imprisonment For Disbursing ₹20 Crores In Violation Of Interim Order Seizure Under Legal Process Is Not A Blanket Immunity: Gauhati High Court Holds Railways Must Prove ‘Reasonable Foresight and Care’ Under Section 93 Income Tax Act | Faceless Assessment Cannot Become Opportunity-Less Assessment: Andhra Pradesh High Court Order XXXVII CPC | Procedure Cannot Eclipse Substantive Justice: Delhi High Court Revives Commercial Recovery Suit Dismissed for Want of Statement of Truth Mens Rea Is Sine Qua Non Under Section 2 Of The Prevention Of Insults To National Honour Act — Without Intention, There Is No Offence: Karnataka High Court Tribunal Cannot Sit In Appeal Over A Departmental Enquiry: Bombay High Court Restores Compulsory Retirement Of University Engineer Married Man’s Promise to Marry is ‘Deceit from Inception’ : Allahabad High Court Refuses to Quash Rape Case

"Bail" Digest

Bail – Cancellation – NDPS Act – Application under Section 439(2) Cr.P.C. for cancellation of bail – Bail granted by the Special Judge, Sepahijala District, Sonamura – Grounds for cancellation included discrepancies in GD entries and lack of reasonable grounds to believe accused’s non-guilt – Printing errors in GD entries noted but considered non-material ...

Criminal Law – Bail – Applications for bail under Section 439 Cr.P.C. – Allegations of forgery and conspiracy involving false sale deeds – Accused persons include a former Computer Operator and an Advocate – No incriminating material recovered from accused’s possession – Charge-sheet filed, no requirement for further custodial interrogation – Bail gr...

Bail in Economic Offenses – The court evaluated the petition for regular bail considering the principle that bail is the rule and jail the exception. It acknowledged the Supreme Court's stance that while the gravity of economic offenses warrants sensitivity, it does not justify an automatic denial of bail. The court emphasized the need to balance the liberty of the individual against the...

NDPS Act – Regular Bail – Petitioner, accused of possessing 8.25 grams of MDMA, sought bail under Section 439 of Cr.P.C. – Arrested on 30.3.2024, currently in judicial custody – Petitioner claimed innocence and alleged false implication – No previous criminal antecedents and no apprehension of absconding if granted bail [Paras 2-4].   Considerations for Bai...

Criminal Law – Appeal for Anticipatory Bail under SC/ST (Prevention of Atrocities) Act, 1989 – Kerala High Court dismissed appeal for anticipatory bail filed under Section 14-A of the Act – Appellant accused of humiliating respondent (a Scheduled Caste member) publicly through derogatory remarks made during a YouTube interview – Prima facie evidence supported allegations of...

Bail Application - Regular Bail - Fraudulent Activities - Grant of regular bail sought by the petitioner who is accused of offenses under Sections 420/406/467/468/471/120B IPC - Allegations of defrauding banks and submission of forged documents - Lengthy detention without trial - Pre-conviction stage and presumption of innocence - Role of courts in safeguarding liberty - Completion of investigatio...

Default Bail – Section 167(2) Cr.P.C and Section 36-A of the NDPS Act – Petitioner’s application for default bail dismissed by Additional Sessions Judge, Faridabad – Revision petition filed challenging the order. [Para 1]   Factual Background – Petitioner arrested under Section 22(c) of the NDPS Act – Challan presented on 05.05.2022 without accompanyi...

Bail Application – Offences under Sections 406, 409, 420, 120B of the IPC – Allegations of cheating and fraud against the applicant – Prima facie involvement of the applicant in the commission of the alleged offence established – Applicant's use of forged identity documents – Flight risk – 34 cases registered against the applicant across India – Bail a...

Bail Application - The petitioner has filed a bail application under Section 439 of the Cr.P.C. seeking regular bail in a case involving charges under Sections 302, 120-B of IPC, and Sections 27 of the Arms Act. The case pertains to a land dispute that resulted in a fatal shooting. The petitioner has been in custody for over 3 years and 10 months. The delay in concluding the trial violates the pet...

  Criminal Law - Writ of Mandamus and Transfer of Investigation -  Writ petition filed under Article 226 of the Constitution of India seeking to transfer investigation of Crime No. 212/2024 from Mannanthala Police Station to a higher-ranking officer, preferably of IPS cadre - Petitioner, a healthcare professional, alleges biased investigation due to political influence - Court finds o...