Dowry Case | In the absence of specific allegations, mere naming of distant relatives cannot justify prosecution: MP High Court Non-Commencement of Activities Alone Not a Ground for Refusal: Calcutta High Court at Calcutta Affirms Trust Registration, Stating Granting Shifting Permissions is a Quasi-Judicial Act: Delhi High Court Quashes Disciplinary Charges Against MCA Official Jurisdiction Does Not Preclude Transfer to Competent Family Courts: Rules Kerala High Court Madras High Court Acquits Two, Reduces Sentence of Main Accused: Single Injury Does Not Prove Intent to Murder Financial Creditors Retain Right to Pursue Personal Guarantors Post-Resolution Plan: Punjab & Haryana High Court Proper Notice and Enquiry are the Bedrock of Just Administrative Actions: Rajasthan High Court Calcutta High Court Sets Aside Discharge Order in Madan Tamang Murder Case, Orders Trial for Bimal Gurung Review Cannot be Treated Like an Appeal in Disguise: Madhya Pradesh High Court Dismisses Tax Review Petition Delhi High Court Orders Interest Payment on Delayed Tax Refunds: ‘Refund Delays Cannot Be Justified by Legal Issues’” Freedom of Press Does Not Exempt Legal Consequences: Kerala High Court Quashes Proceedings Against Journalists in Jail Sting Operation Highest Bidder Has No Vested Right”: Rajasthan High Court Upholds Rejection of SEZ Plot Allotment Indefeasible Right to Bail Arises When Investigation Exceeds Statutory Period: Punjab & Haryana HC Sets Aside Extension Orders in NDPS Case Higher Qualifications Can't Override Prescribed Standards, But Service Deserves Pension: Punjab & Haryana High Court A Mere Breach of Promise Does Not Constitute Criminal Breach of Trust Under Section 406 IPC: Rajasthan High Court Madras High Court Overturns Order Denying IDA Increments, Citing Unfair Settlement Exclusion No Premeditated Intention to Kill: Kerala High Court Reduces Murder Convictions in Football Clash Case Landlord Need Not Be Owner to Seek Eviction: Court Upholds Broad Definition of Landlord under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 Delhi High Court Sets Aside Status Quo on Property, Initiates Contempt Proceedings for False Pleadings and Suppression of Facts Calcutta High Court Rules Deceased Driver Qualifies as Third Party, Overrides Policy Limitations for Just Compensation A Litigant Who Pollutes the Stream of Justice Is Not Entitled to Any Relief: Rajasthan High Court Cancels Bail in Murder Case Due to Suppression of Evidence Punjab and Haryana High Court Awards Compensation in Illegal Termination Case, Affirms Forest Department as an 'Industry' Suspicion Cannot Replace Proof: Madras High Court Acquits Man in Double Murder Case Kerala High Court Quashes Criminal Proceedings in Loan Repayment Dispute: Manifestly Attended with Mala Fide Intentions Systematic Instruction Essential for ‘Education’ Tax Exemption: Delhi High Court Intent to Deceive Constitutes Forgery: High Court of Calcutta Dismisses Quashing Petition in Fraudulent Property Inclusion Case

"Bail" Digest

Bail – Cancellation – Criteria – The appeal addresses the cancellation of bail granted to the accused, highlighting misuse of liberty, influence over witnesses, and potential threat to the complainant. The Court emphasized that bail can be cancelled if the accused misuses his liberty by engaging in similar criminal activity, attempts to tamper with evidence, influences witnesses,...

Bail Application under Sections 439 of CrPC and 45 of PMLA – Accused, Jayram Vinayak Deshpande, former Sub-Divisional Officer, charged under PMLA for facilitating illegal land conversion and construction within Coastal Regulation Zone-III, aiding in money laundering activities. [Paras 1-4, 12.2]   Proceedings Originated from Environmental Violation – ECIR based on a complain...

  Bail Application – NDPS Act – Petitioner seeking bail under Section 439 CrPC for alleged violation of NDPS Act – Commercial quantity of contraband involved – Previous criminal history considered. [Para 1-4, 7-8]   Judicial Discretion in Bail – Criminal History Relevance – Criminal history to include only cases with convictions or pending FIR...

Anticipatory Bail – Denial of anticipatory bail in a case involving economic offences and corruption – Petitioner, a revenue official (Patwari) involved in a land compensation fraud under the National Highway Act 1956 – Custodial interrogation necessary to uncover the extent of the conspiracy and financial implications – Bail denied due to the gravity of the offences and th...

Anticipatory Bail Application – Petitioner, a Horticulture Development Officer, sought anticipatory bail in FIR for corruption and forgery in land acquisition process – Alleged involvement in assisting in wrongful compensation claims for fruit trees during land acquisition by GMADA – Interim bail granted earlier, subject to conditions, but opposed by the state citing serious alle...

Criminal Appeal – Regular Bail in NDPS Act Case – Petitioner seeking regular bail for possession of marginally higher than commercial quantity of narcotic substance (Alprazolam) – Arrested and previously granted interim bail but later declared a proclaimed offender – Re-arrested and incarcerated for over 7 months. [Para 1, 2, 6]   Bail Principles – Bail as ...

Regular Bail – Grant of Bail in FIR No. 122, dated 20.06.2020, under Sections 302, 201, 34 IPC – Petitioner seeks regular bail – No specific allegations against petitioner in FIR – Based on circumstantial evidence and no recovery from petitioner – Incarceration of over 3 years – Regular bail granted. [Paras 1, 3, 16]   Circumstantial Evidence – ...

NDPS – Bail - Conspiracy and Possession of Contraband – Petitioners accused in connection with seizure of 728.42 grams of MDMA from the first accused – Alleged conspiracy among five accused, including financial transactions with an African nation for procuring the contraband. [Paras 2-3]   Arguments by Petitioners’ Counsel – Claim of innocence and false imp...

Bail Application - Interim Bail - Father seeking interim bail to meet his newborn child - Petitioner's wife delivered a baby boy, and she is unable to take care of the child due to weakness - Petitioner intends to make arrangements for his wife and child - State does not object to granting some relief - Court grants interim bail for a period of 45 days - Petitioner to surrender at the end of t...

Criminal Procedure Code, 1973 - Anticipatory Bail - Allegations of bribery - Petitioner seeking anticipatory bail in a case arising out of an FIR - Complainant alleged that the petitioner, a government official, demanded a bribe for clearing pending bills - Co-accused caught red-handed accepting the bribe - WhatsApp messages and CCTV footage indicating petitioner's involvement - Petitioner'...