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’ Life Till Natural End Without Remission Is Not the Only Option: Supreme Court Substitutes 20-Year Fixed Term in Child Rape-Murder Case Criminal Law Cannot Be Used as a Weapon in a Family Property Dispute: Supreme Court Quashes Forgery Case Physical Assault On Superior Is A Grave Breach Of Discipline – High Court Cannot Substitute Its View On Punishment: Supreme Court

"Bail" Digest

Anticipatory Bail Petition – Cheating and Fraud Allegations – Petition under Section 438 of Cr.P.C. for anticipatory bail in FIR No.28, dated 10.03.2023, registered under Sections 406, 420, 34 IPC at Police Station Garhshankar, District Hoshiarpur, concerning allegations of cheating and fraud in a failed matrimonial alliance. [Para 1]   Background of the Case – Complai...

Conviction and Sentence Challenge – Appellant Thankappan convicted under Section 8(1) and (2) of Kerala Abkari Act for possessing 750 ml arrack – Sentenced to 6 months imprisonment and fine of Rs.1,00,000, with additional 3 months imprisonment in default of fine payment – [Para 2]   Evidence and Witness Testimonies – Trial court examined PWs 1 to 3 and marked Exh...

Maninder Sharma Vs. State Tax Officer, State, Mobile Wing, Jalandhar, Punjab, CRM-M-24033-2021(O&M) Decided on 31.08.2022 Representing Advocates: Mr. R.S. Rai, Sr. Advocate, with Ms. Eknoor Kaur Sara, Advocate, and Mr. Nimish Chib, Advocate, for the petitioner. Ms. Ramta K Chaudhary, DAG, Punjab. Mr. A.P.S. Deol, Sr. Advocate, with Mr. S.S. Deol, Advocate, for the complainant. ...

Anticipatory Bail – Application under Section 438 Cr.P.C. for grant of anticipatory bail in a case involving alleged misappropriation and cheating in a government contract – Petitioners accused of not delivering the agreed quantity of rice, leading to financial loss to the department. [Para 1, 2] Arbitration Clause – Reliance on an arbitration clause in the contract by petitio...

Bail Petitions in FIR No.437 – Assault and Robbery – Petitions filed under Section 439 Cr.P.C. for grant of regular bail in FIR No.437 registered under Sections 147, 149, 323, 307, 365, 379-B, 427, 506, 120-B IPC, and Section 25 of Arms Act. [Para 1]   FIR Details – Assault and Snatching Incident – FIR based on a complaint by Sohail, alleging assault by 20-30 per...

Anticipatory Bail Application – Allegation of sexual assault on a minor – Petitioner seeks anticipatory bail under Section 438 of the Code of Criminal Procedure – Prosecution alleges offenses under Sections 363, 370(4), 376(1) of IPC and Section 4 read with Section 3 of the POCSO Act – Allegation is that petitioner sexually assaulted a minor girl, promising marriage –...

Cancellation of Anticipatory Bail – Manipulation of Evidence – Criminal Misc. Case No. 9138 of 2023 before the High Court of Kerala at Ernakulam – Petitioner's appeal for cancellation of anticipatory bail granted to the 7th respondent, who was accused of multiple crimes including rape and forgery – High Court cancels bail citing manipulation of evidence and non-complian...

Regular Bail – Delayed Release – Compensation for Illegal Incarceration – The convict, who had been granted regular bail by a previous court order, remained in jail due to negligence on the part of jail authorities, causing a delay in his release. The court acknowledges the serious lapse on the part of the jail authorities and grants compensation of Rs. 1,00,000/- to the applican...

Default Bail - Grant of default bail under Section 167(2) of the Code of Criminal Procedure - Petitioner filed a petition under Section 482 for setting aside an order resulting in miscarriage of justice - Facts involve an FIR registered for carjacking and subsequent arrest of the petitioner - Police did not present the challan within 60 days - Petitioner moved for default bail on the 61st day - Ch...

Criminal Procedure - Regular Bail - Accused (petitioner) seeking regular bail in a case involving charges under Sections 384, 387, 504, 506, 507, 201, 109, 120B, 364A, 397 of IPC and Sections 3(1)(ii), 3(2), 3(4), and 3(5) of KCOCA - Petitioner has been in custody for over 4 1/2 years - Material witnesses have not linked the petitioner to the alleged offenses - Allegations against the petitioner l...