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 IBC Cannot Be Used As A Backdoor To Defeat Benami Confiscation: Supreme Court Shuts NCLT’s Door On Attachment Challenges No Double Recovery Under Motor Vehicles Act: Supreme Court Restores Deduction Of Compassionate Assistance IBC | Once Debt And Default Are Proved, Section 7 Must Follow: Supreme Court Reverses NCLT And NCLAT In Ecstasy Realty Insolvency Case Judicial Discipline Cannot Be a Shield to Stall Insolvency: Supreme Court Restores CIRP, Declares 2008 Scheme ‘Defunct’

"Bail" Digest

Criminal Appeal – Bail – Denial of bail by trial Court – Petitioner seeks release as an undertrial – Offense under IPC and Arms Act – Alleged involvement in an old feud – Co-accused granted bail – Insufficient evidence of complicity – No likelihood of tampering with evidence – Lengthy preventive custody – Petitioner's personal circums...

Criminal Procedure Code – Statutory Bail under Section 167(2) – Filing of Charge Sheet – Criminal revision petition against order rejecting statutory bail – Allegation of robbery at gunpoint – FIR registered and petitioner apprehended – Charge sheet filed electronically within 90 days but physically submitted after 90 days – Petitioner’s claim of rig...

Criminal Law – Offences under Sections 354, 294(b), 323 IPC and Section 4(1)(i) of Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Amendment Act, 2023 – Petition for transfer of investigation and anticipatory bail – High Court’s dismissal of bail application and writ petition – Importance of custodi...

Criminal Law - Conviction and Sentence - Criminal appeal against conviction for dowry death under Section 304B IPC and cruelty under Section 498A IPC - Appellant convicted by Trial Court - Sentenced to 10 years rigorous imprisonment under Section 304B and 2 years under Section 498A, with a fine and default imprisonment - Appeal challenges validity of conviction and sufficiency of evidence - High C...

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 – Cancellation of Anticipatory Bail – Factors Considered – Criminal petitions filed under Section 439(2) of Cr.P.C. for cancellation of anticipatory bail granted to private respondents in a case involving allegations under Sections 323, 406, 498-A, 506, and 34 IPC, and Section 25 of the Arms Act – Anticipatory bail granted by the Additional Sessions Judge, Fari...

Criminal Law – Appeal against denial of bail under Sections 120-B & 153-A IPC and Sections 17, 18, 18B, 20, 22, 38 & 39 of UAPA – High Court upheld denial of bail due to substantial evidence against the appellant, including involvement in PFI’s activities aimed at establishing Islamic Caliphate, radicalizing youths, and facilitating terrorist training – Appellant&rs...

Criminal Misc. Bail Application – Second Attempt – Applicant Prem Paudel seeks bail in a case under the N.D.P.S. Act, having previously been denied by the Court – Application filed for reconsideration based on material change in circumstances. [Para 1-3] Prosecution Case – Claimed violation of Sections 8/18/23/29 of the NDPS Act by the applicant – Counsel for the a...

Narcotics Drugs and Psychotropic Substances Act (NDPS Act) - Bail Application - Accused seeking bail in a case under NDPS Act and other sections - Criminal history of the accused - Co-accused granted bail under similar circumstances - Bail granted with stringent conditions. [Para 1-12] Conditions for Bail - Stringent conditions imposed to ensure accused's compliance with the law - Surrender...

Bail Application – Denial of Bail by Trial Court – Petitioner seeks release as an undertrial in a case registered under Sections 307, 353, 186, 506 of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959, following the denial of bail by the trial court. The case pertains to allegations of the petitioner threatening and firing shots at his wife, daughter, and the police. [Pa...