No Offence of Money Laundering When Scheduled Offence Not Committed: Delhi High Court Upholds Discharge in Money Laundering Case Finality of Resolved Land Compensation Claims In Land Acquisition Cannot Be Undone Based on Policy Changes: Supreme Court Punjab & Haryana High Court Dismisses Conspiracy Charges in Burail Jail Break Case, Citing Key Witnesses Turning Hostile Fictional Cause of Action Cannot Circumvent Limitation Law; Plaint Rejected Under Order VII Rule 11(d) CPC: Supreme Court Judicial Scrutiny Of Interest Rates Is Barred By Law; It Is The Reserve Bank's Exclusive Jurisdiction: Supreme Court IBC | High Court Interference In CIRP Proceedings Is Unwarranted Unless There Are Exceptional Circumstances: Supreme Court Recommendations of the Single Member Committee must align with BCCI Constitution to avoid governance conflicts in cricket administration: Supreme Court Excessive Interference Undermines Efficiency And Independence Of Arbitral Proceedings: Supreme Court Awareness of Award's Filing Triggers Limitation, Not Formal Notice: Supreme Court Clarifies Limitation Period for Arbitration Awards Contributions To Construction Do Not Confer Exclusive Title Unless Backed By Proof Of Consent Or Separate Agreement: Calcutta High Court Affirms Equal Ownership In Joint Property Seniority Must Prevail in Teacher Transfers: Kerala High Court Overrules Administrative Tribunal's Orders" High Court Cannot Condon Delay Beyond 90 Days in UAPA Bail Appeals: Punjab & Haryana High Court Offences Under Section 138 of the NI Act Are Compensatory in Nature and Can Be Resolved at Any Stage: Madras High Court Fairness and Transparency in Property Distribution: Delhi High Court Resolves Family Dispute Pre-EMI Deductions Without Adherence to RBI Guidelines Not Enforceable Under Writ Jurisdiction: Andhra Pradesh High Court Unilateral Claims Cannot Substitute Proof: Calcutta High Court Rules in Insurance Dispute Bank Guarantees Are Autonomous Contracts, Cannot Be Obstructed by External Claims: Kerala High Court Order 41 Rule 27 CPC | Additional Evidence Cannot Be Used to Fill Gaps in a Party’s Case: P&H High Court Rajasthan High Court Quashes FIR Against Actress Shilpa Raj Kundra: Finds No Intent or Mens Rea to Violate SC/ST Act"

"Bail" Digest

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...

Criminal Law – Anticipatory Bail – Application under Section 438 of the Cr.P.C – Petitioner sought anticipatory bail in connection with FIR No. 80/2024 registered at Police Station Crime Branch, Delhi for offences under Sections 21, 25, 29 of the NDPS Act – Information received regarding drug peddlers leading to the arrest of co-accused and recovery of 1010 grams of heroin ...

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...

Bail Application – Narcotic Drugs and Psychotropic Substances (NDPS) Act – Application under Section 439 of the Cr.P.C. for regular bail in case registered under various sections of the NDPS Act, involving the recovery of 230 kg of poppy husk – Petitioner neither driver nor owner of the truck; co-accused granted bail – Prolonged incarceration without charge framing or witne...

Criminal Law – Bail application – Regular bail granted based on parity with co-accused who was previously granted bail – FIR involved charges under various sections of IPC and CGST Act related to economic offenses including evasion of tax and forgery – Previous judgments emphasized that bail is the rule and jail the exception, stressing the importance of fair trial and libe...

Bail – Section 439 Cr.P.C. – NDPS Act – Prolonged Custody and Delay in Trial – Bail applications by petitioners arrested with 23600 tablets of Tramadol Hydrochloride. Petitioners in custody since 27.11.2020, with trial progress minimal, citing only 3 out of 13 witnesses examined over 3.5 years. Held: Prolonged incarceration violates Article 21 of the Constitution. Supreme C...

Criminal Law – Appeal Against Acquittal – State appealed against the acquittal of Bhikhabhai Punjabhai Solanki and others by the Additional Sessions Judge, Kheda, Camp at Anand - The case involved the death of Vitthalbhai due to alleged assault by respondents on suspicion of illicit relationship - Prosecution's case primarily hinged on the testimony of sole eyewitness PW-1 Sureshbh...

Bail Application – Sixth Bail Application Filed by Petitioner (A.2) – Grounds for Rejection – High Court Examined Specific Allegations Against Petitioner – Prima Facie Evidence Including Forensic Analysis and Witness Testimonies – No Substantial Change of Circumstances Justifying Bail – Allegations of Threats to Witnesses and Interference with Investigation Uphe...

Criminal Procedure – Anticipatory Bail – Denial of bail due to significant evidence indicating siphoning of funds – Petitioners Ashok Kumar Sahni and Supriya Nakra accused of redirecting Rs.2.02 crores meant for purchasing mobile phone accessories into accounts controlled by themselves and associates – Detailed investigation reveals large scale financial misappropriations a...