Transfer of Cases – Petitioner-wife seeks transfer of multiple cases from Bihar to Mumbai – Complaints pending before various Courts in Bihar – Petitioner's grounds for transfer based on inconvenience and lack of merit in complaints. [Para 2-3]
Grounds for Transfer – Petitioner's claims of not visiting Bihar and inconvenience in contesting proceedings there &ndas...
Criminal Appeal – Bail – Appellant's Bail Conditional on Husband's Surrender – High Court's conditional grant of bail to the appellant, dependent upon the surrender of the main accused, the husband of the deceased, modified by the Supreme Court. The Court holds that bail of one accused should not be dependent on the surrender of another accused.
Unnatural Death &n...
Criminal Appeal – Challenge to Conviction – Life imprisonment imposed by High Court after acquittal by Trial Court – Charges under Sections 302, 376, 511, 454, 380 read with Section 34 of IPC – Allegation of murder, rape, and theft – Contradictions in witness testimony and lapses in prosecution's case – High Court's reliance on evidence of PW1 and prior ...
Criminal Appeal – Conviction under Sections 302 and 201, IPC – Life Imprisonment
The appellant was convicted by the Sessions Court and the High Court for offences under Sections 302 and 201 read with Section 34 of the IPC. He was sentenced to life imprisonment for Section 302 and rigorous imprisonment for three years for Section 201. [Para 1]
Circumstantial Evidence – Last ...
Quashing of FIR: The petitioner, Ravi Kant, seeks the quashing of FIR No. 2387 dated 12.12.2019, registered under Section 174-A of IPC, 1860, at Police Station Shivaji Nagar Gurugram, following his declaration as a proclaimed person in a case concerning a dishonored cheque [Para 1].
Compromise & Settlement: A compromise was reached between the petitioner and the complainant, leadi...
Bail – Grant of Bail – Conditions Imposed – Petitioner seeks bail under Section 439 CrPC in connection with FIR No. 932 dated 04.06.2023, alleging corruption and other offences – Petitioner agrees to maintain only one mobile number and contends that further pre-trial incarceration would cause irreversible injustice – State opposes bail – Court grants bail subjec...
Transfer Petition – Section 13(1)(ia)(ib) of the Hindu Marriage Act – Petition for the transfer of the case filed by the respondent-husband under the Hindu Marriage Act from the Family Court, Bathinda to the competent Court of jurisdiction at Dabwali, District Sirsa – Reliance on previous orders and judgments emphasizing the convenience of female litigants in matrimonial disputes...
Criminal Appeal – Bail – Accused No.3 seeks bail in a case involving serious charges under Sections 376(2)(n), 376(DA), 376(3), 201, 202, 506 r/w 34 and 37 of IPC, Sections 17, 5(L), 6 of POCSO Act, 1989, Section 3(f) and Section 7 of Religious Institution Prevention of Misuse Act, 1988, and Section 75 of the Juvenile Justice (care and protection of Children) Act 2015 – Accused c...
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...
Essential Pre-requisites under Section 138 of NI Act: Referring to a prior judgment, the Court reiterated the importance of certain dates to be clear in the complaint for making out an offence under Section 138, NI Act. Such dates include the date on the cheque, date of deposit, date of bank’s notice concerning bouncing, date of notice by the drawee/payee to the drawer, date of notice receip...