Criminal Law - Quashing of FIR under Section 174-A IPC – Petition under Section 482 CrPC – FIR registered after petitioner declared proclaimed person in a Section 138 NI Act case – Petitioner settled the matter with complainant, who withdrew the complaint – Once proceedings under Section 138 NI Act withdrawn, FIR under Section 174-A IPC becomes unsustainable – Petitio...
Criminal Law - Quashing of Complaint – Director and Manager Involvement – Petition under Section 482 CrPC seeking quashing of complaint under Insecticides Act – Petitioners prosecuted as Director and Manager-cum-Godown Incharge of accused company – No specific averments in complaint showing their role in company’s business or quality control – Responsible Office...
Income Tax Act - Motor Vehicles Act - Deduction of TDS on Interest – Revision petitions challenging orders directing the insurance company to deposit the deducted amount of TDS on compensation interest – Held, if interest on compensation is paid prior to June 1, 2015, insurance company must pay TDS amount to claimants and seek refund from Income Tax authorities – If interest paid...
Negotiable Instruments Act - Summary vs. Summons Trial – Petition for quashing proceedings under Section 138 of the Negotiable Instruments Act – Complaint filed for dishonour of cheque – Magistrate converted summary trial to summons trial without hearing parties – Held, non-compliance with hearing directive under Section 143 does not vitiate proceedings – Petition dis...
Criminal Procedure - Default Bail – Section 167(2) Cr.P.C. – Appeal against the denial of default bail – Challan presented within the statutory period but alleged to be incomplete due to lack of sanction under the Explosive Substances Act – Held, sanction obtained and submitted before filing the application for default bail – Challan considered complete – No ent...
Negotiable Instruments Act - Interim Compensation – Revision petition against order directing interim compensation under Section 143A of the NI Act – Petitioner directed to pay 20% of cheque amount within 60 days – Held, Section 143A empowers Court to order interim compensation up to 20% of cheque amount in summary trial or summons case upon plea of not guilty – Impugned or...
Criminal Law - Regular Bail - Non-compliance with NDPS Act Procedures - Criminal Miscellaneous Petition seeking regular bail under Section 439 of Cr.P.C. - Allegation of possession and sale of 20,000 intoxicating tablets of Tramadol Hydrochloride - Petitioner argues non-compliance with Section 42 of the NDPS Act - Held, total non-compliance with Section 42 is impermissible; delayed compliance acce...
Criminal Law - Negotiable Instruments Act - Stay of Proceedings under IBC:Criminal Misc. Petition—Section 482 CrPC—Petition seeking quashing of proceedings under Section 138 NI Act due to pendency of insolvency resolution under Section 94 IBC—Petitioner, a personal guarantor to a corporate debtor, filed for insolvency resolution—Court held that proceedings under Section 138...
Criminal Law – Jurisdiction of Children's Court vs. NIA Special Court – Petition seeking transfer of trial – Respondent juvenile tried as an adult – FIR under UAPA and Explosive Substances Act – Jurisdiction vested in Children’s Court – Non-obstante clause in JJ Act, 2015 – Overriding effect on other laws – Held, Children's Court has ju...
Criminal Law - Anticipatory Bail – Section 438 CrPC – NDPS Act – Non-commercial quantity – Grant of bail to petitioner – Petitioner not named in FIR, no recovery effected from him, only based on wife's disclosure statement – Petitioner’s wife found with 6.25 grams of heroin, far less than commercial quantity – Petition allowed. [Paras 1-18]
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