Criminal Law – Cyber Fraud – Bail – Sections 66C and 66D of the Information Technology Act - Accused allegedly part of a ₹10 crore cyber-fraud syndicate using fake identities and mule bank accounts – Petitioners charged with creating forged Aadhaar and PAN cards and opening fraudulent accounts used to route cheated funds – Bank employee and landlord identified one p...
Juvenile Justice – Heinous Offence – Meaning and Scope – Petitioners alleged to have committed offences including attempt to rape, stalking, criminal conspiracy, and offences under POCSO and IT Acts – Court held that none of the charged offences prescribe a minimum punishment of 7 years – As per Section 2(33) of the Juvenile Justice Act, 2015, only offences with a min...
Criminal Law – Rash and Negligent Driving – Probation – Applicability of Section 4 of the Probation of Offenders Act – Petitioner convicted under Sections 279, 337, 338 & 201 IPC for rash and negligent driving causing injury – Lower courts sentenced him to imprisonment and fine – In revision, convict sought release on probation citing good conduct, family ci...
Anticipatory Bail – Forged Judicial Summons – Circulation via WhatsApp – Petitioner sought pre-arrest bail in FIR alleging conspiracy with co-accused to create and circulate forged summons purporting to be issued by Court of Additional Sessions Judge, Hisar, demanding ₹10 lakh as “maintenance” – Co-accused’s disclosure and recovered WhatsApp screenshots ...
Criminal Law – Direction to Register FIR – Section 175(3) BNSS – Judicial Cognizance – Trial Court directed police to register FIR on private complaint supported by proof of 17 RTGS transfers totaling ₹63,00,000 allegedly misappropriated by petitioner under guise of “fancy interest” investment – Held: Trial Court rightly found prima facie materials warra...
Civil Procedure – Appointment of Advocate Commissioner – Re-Entrustment of Commissioner Warrant – Identity of Property Dispute – High Court holds that Trial Court erred in dismissing petition seeking re-survey of suit lands – Commissioner failed to comply with specific directions in warrant and did not obtain allotment records or demarcate land per sale deeds – ...
Prevention of Money Laundering – Provisional Attachment – Jurisdiction of ED – Existence of Scheduled Offence – ED’s provisional attachment of Rs. 122.74 crores challenged on ground that allotment of preferential shares and related proceeds not mentioned in FIR or ECIR – High Court held that once scheduled offence (under IPC Sections 420, 120B) is registered and...
Criminal Law – Dowry Death – Presumption under Section 113B – Deceased woman committed suicide within two years of marriage – Evidence by father, mother, brother, and village elder established harassment for dowry of gold and cash – Elders mediated but harassment continued – Held: Death occurred soon after continued cruelty and demand – Presumption under S...
Criminal Law – Prevention of Corruption – Bank Fraud – Discharge – Opposite Party, a former bank manager, was discharged by Special CBI Court in a case involving ₹9.14 crore loan fraud – CBI challenged discharge, alleging conspiracy and irregularities in loan sanction – Held: Loan was sanctioned by General Manager based on multiple internal reports including t...
Preventive Detention – Drug Offender – Validity of Detention under Section 3(2) of the Telangana PD Act – Detention Upheld – Detenu booked in three NDPS cases involving seizure of ganja (2.165 kg, 1.53 kg, and 20.5 kg respectively) – Court held that repeated involvement in narcotics peddling justifies invocation of preventive detention – Held: Preventive detenti...