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 – Section 438 Cr.P.C. – Petitioner accused of conspiracy under Sections 341, 307, 120B read with Section 34 IPC – Incident occurred on 11.03.2023 near Saibaba Temple, Anantapuramu, involving physical assault by unidentified assailants – Petitioner’s involvement cited as conspiratorial without direct participation in the assault – Bail granted c...

Background and Arrest – Appellant Mubeen Kadar Shaikh implicated in multiple FIRs following the Delhi bomb blasts on September 13, 2008 – Arrests followed disclosures by other arrested individuals and recovery of evidence including laptops and communication equipment allegedly used in the orchestration and execution of the bomb blasts – Email sent prior to blasts claimed responsi...

Bail Application – Second Attempt – Rejection of First Application and RenewalThe petitioner, Ashok @ Mulla Ram, filed a second bail application under Section 439 Cr.P.C., after his first application was rejected. The renewal was made possible after the recording of statements from the Investigating Officer and other witnesses. [Para 1-2] Search and Seizure – Compliance with N...

Default Bail - Petitioner seeks to set aside/modify an order granting interim bail under Section 167(2) CrPC - Case involves recovery of MDMA - Petitioner applied for default bail after 196 days in judicial custody due to non-filing of charge-sheet - Impugned order granted interim bail till filing of FSL report and challan - Petitioner contends that Section 167(2) does not allow for interim bail -...

Bail in Economic Offence Case - Conditions - Petitions under Section 439 of the Criminal Procedure Code seeking bail in case FIR No. 120/2023 - Accused charged with offenses under IPC Sections 420, 120-B, Himachal Pradesh Protection of Interests of Depositors Act, and Banning of Unregulated Deposit Schemes Act - Allegations of embezzlement through fake websites and virtual currency schemes - Petit...

Bail Application - Petitioner under arrest for involvement in a drug racket operated from jail - FIR includes serious charges under NDPS, PC, and Prison Acts - Petitioner seeks bail on grounds that the seized quantity is less than commercial, and the rigors of Section 37 NDPS Act do not apply - Rigorous conditions proposed for bail compliance [Paras 1, 3-4, 6-7, 13].   Criminal Network ...

Anticipatory Bail – Grant of anticipatory bail under Section 438 of the Code of Criminal Procedure – Petitioner accused in FIR No.31 dated 16.03.2023, under Section 306 IPC, for abetment of suicide – Petitioner and deceased had a history of intimate relations which later became strained – No overt act attributed to the petitioner leading to the suicide of the deceased. [Par...

Criminal Bail Application – Grant of Bail – Petitioner denied bail by trial Court – Nature of charges under various sections including IPC, NDPS Act, and Arms Act – Prosecution alleging involvement in illegal activities – Co-accused already granted bail – Prolonged preventive custody – Likelihood of tampering with evidence and influencing witnesses –...

Criminal Appeal – Bail Application – Grant of bail under Section 439 of the Code of Criminal Procedure, 1973 – Petitioner seeks bail in a case involving charges of 302, 201, 364, 365 & 34 IPC – Peculiar facts and circumstances considered – State opposes bail – Role assigned to the petitioner is providing a rope to tie the deceased – Lack of motive or p...

Petitioner’s Arrest and Charges – Petitioner arrested and remanded for offences under Sections 279, 308, 427 of IPC read with Sections 181, 185, 188 of the Motor Vehicles Act in relation to a traffic incident while under the influence of alcohol causing property damage. [Para 1] Alteration in Offences and Satisfaction Court – Request for alteration of offences and satisfaction...