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 application – Petitioner seeking bail under Section 439 of CrPC – Accused aged 19 years – Incarcerated for one year and two months – FIR registered under various sections of IPC and Arms Act – Petitioner has no criminal antecedents – Claiming further pre-trial incarceration would cause irreversible injustice – Court considering nature of allegations, ...

Bail Application – Medical Grounds – Petitioner’s Daughter’s Mental Health: Petitioner seeks interim bail due to his daughter’s mental health condition, particularly Paranoid Schizophrenia and suicidal tendencies. Recent incidents of acute anxiety and suicidal behavior by the daughter cited as grounds for bail. [Para 1-4]   Respondent’s Argument &ndas...

Criminal Appeal – Bail Application under NDPS Act – Contraband possession and trafficking – Recovery of fake stickers – Disclosure statement – CDR call records – Material evidence – Analysis of various contentions and arguments – Consideration of legality and applicability of evidence – Examination of case law regarding admissibility of confess...

Contempt of Court – Allegation of willful disobedience of an order granting anticipatory bail – Addition of further offenses during investigation – Arrest of the petitioner – Violation of a previous judgment – Petitioner’s bail applications subsequently dismissed – Respondents contending proper procedure was followed – Petitioner’s counsel argu...

CRIMINAL PROCEDURE – Bail – Regular Bail – Grant of regular bail under Section 439 Cr.P.C. – Petitioner in custody for almost 4 years and 1 month in connection with FIR No.103 dated 07.05.2019 – Offenses registered under Sections 307, 353, 186, 224, 225, 34, 379-B, and 120-B IPC (Section 411 IPC added subsequently) and Section 25/27 of Arms Act at Police Station City ...

Bail Application – Rejection of Interim Bail in Murder Case – Petitioner, Varun, accused under Sections 302/307/34 IPC, sought interim bail for attending PHD classes at University of Gujarat – Application dismissed due to the serious nature of the allegations and potential threat to the complainant and witnesses. [Para 1, 4, 6-7, 11] Comparison with Other Cases – Relianc...

Anticipatory bail petition filed under Section 439 Cr.P.C. - Allegations of offenses under Sections 307/120-B/427/34 IPC, 1860 and Sections 25/27 of the Arms Act, 1959 - Petitioner seeks regular bail - Petitioner's claim of separation and dissolution of marriage by mutual consent challenges the alleged motive - Petitioner's absence from the country on the day of occurrence - Petitioner'...

Suo Moto Cancellation of Bail– Alleged Sexual Assault on Children – Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Grant of Bail to Accused Yumken Bagra, Hostel Warden of Government Residential School – Sexual Assault on 21 Children (15 girls and 6 boys) Aged 6 to 12 years between 2019 to 2022 – Offences under Sections 10/12/14(1)/15(1)/2 of POCSO...

Criminal Bail Application – Regular bail sought under Section 439 Cr.P.C. – Challenge to Order dated 31.10.2022 – NDPS Act – Offences under Sections 8/21/22/23/29 NDPS Act – Seizure of narcotic drugs – Conspiracy involving petitioner and co-accused – Recovery of Heroin and Cocaine from parcels and residential premises – Petitioner in custody for more...

Bail Application - Grant of Bail – Narcotic Drugs and Psychotropic Substances Act, 1985(NDPS) – Petitioner accused of possession of 36.740 grams of Methamphetamine, initially believed to be MDMA – Chemical analysis report confirmed substance as Methamphetamine, classified as intermediate quantity – Petitioner has no criminal antecedents – Held, considering the complet...