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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Criminal Law – Examination Fraud – Systemic Malpractice – The petitioners alleged that the NEET 2024 examination was compromised due to widespread paper leaks and manipulation – Investigation revealed isolated incidents in Hazaribagh, Patna, and other places but no evidence of systemic malpractice affecting the overall integrity of the examination – The Supreme Court,...
Criminal Law - Regular Bail - Disproportionate Assets and Benami Transactions - Section 439 Cr.P.C. - Held, granting regular bail in cases of disproportionate assets where most evidence is documentary - Petitioner, an ex-MLA, alleged to have acquired assets beyond known sources of income - Bail granted considering the completion of investigation and submission of documentary evidence to the prosec...
Criminal Law - Probation for First-Time Offenders - Revision petition challenging the conviction, focusing on probation for a first-time offender. Petitioner nearly 50 years old, laborer with responsibilities, sought leniency. Held, the mandate of Section 360 Cr.P.C. and the Probation of Offenders Act emphasizes rehabilitation over punitive measures for non-heinous crimes. Petitioner released on p...
Criminal Law - Right of Private Defence - Indian Penal Code, 1860 - Section 100 - Right of private defence of the body extending to causing death - Appellant’s claim of using his double barrel gun in self-defence rejected due to lack of injury on appellant and evidence that deceased were on complainant’s land - Court held appellant to be the aggressor - Appellant’s theory conside...
Criminal Law – Regular Bail – Petitioner in Custody – Criminal Miscellaneous Petition seeking regular bail under Section 439 Cr.P.C. – FIR registered under Sections 363, 366-A IPC, later including Sections 376, 506, 120-B IPC, and Section 4 of POCSO Act – Petitioner is mother of the main accused and not directly involved in sexual assault – In custody for over 1...