Criminal Writ - Habeas Corpus - Preventive Detention – Live and Proximate Link – Delay Vitiates Detention – Alleged occurrence on 11.06.2025; arrest on 22.06.2025; detention order on 21.07.2025 – State failed to satisfactorily explain delay – Mere calendrical narration in affidavit insufficient – Applying Anand Prakash (AIR 1990 SC 516) and Sushanta Kumar Bainik...
Criminal Law – Bail – Parity – Scope and Limit – Grant of bail to accused Rajveer on the sole ground of parity with co-accused Suresh Pal – High Court failed to assess role, gravity, or impact of offence – Supreme Court reiterates that parity must be grounded in similarity of role, not just involvement in same offence – Held: Grant of bail solely on parity...
Muslim Law – Post-divorce Property – Section 3 of 1986 Act – Return of Dower and Gifts – Appellant claimed ₹17.67 lakhs including ₹7 lakhs and 30 bhories of gold under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act – Trial court decreed partial return – High Court reversed, relying on father’s statement that amount was given to hus...
Criminal Law – Appeal Against Conviction - Sections 376(2), 366A IPC, and Section 6 of POCSO Act - Testimony of Child Victim – Credibility and Sufficiency – Conviction Upheld – The child victim aged about 5 years clearly narrated that the appellant lured her to his house under the pretext of giving her toffees and inserted his finger into her vagina and bit her cheeks &ndas...
Criminal Law – Section 156(3) CrPC – Cognizability of Offence – Complaint by husband alleging forgery by wife and father-in-law in complaint submitted to police – Magistrate dismissed complaint holding no cognizable offence made out and permitted recourse under Section 202 CrPC – Revisional Court remanded matter for fresh consideration – Held: Complaint did not ...
Criminal Law – Discharge – Section 227 CrPC – Discharge granted – Appellant accused of restraining complainant from entering a property during a civil dispute and capturing her photos – High Court upheld dismissal of discharge – Supreme Court held that strong suspicion necessary for framing charges must be based on legally admissible material – Observed th...
Criminal Law - NDPS Act – Commercial Quantity – Conviction Confirmed – Appellants found in possession of 550 kg of ganja concealed in oil tanker – Trial court convicted all accused under Sections 20(b)(ii)(C) and 29 of the NDPS Act – High Court upheld conviction, finding that prosecution proved compliance with procedural requirements and guilt beyond reasonable doubt ...
Criminal Law – Attempt to Murder – Discharge Order – Accused allegedly chased and assaulted complainant and his injured brothers inside police station – Trial court discharged accused under Section 307 IPC citing absence of fatal injuries – High Court found that statements of victims and police witnesses established intention to cause death – Held: Trial court e...
Prevention of Money Laundering Act, 2002 – Section 5 – Provisional Attachment – Limitation of 180 Days – Impact of COVID-19 Period – Orders of Supreme Court in Suo Motu Writ Petition (C) No. 3 of 2020 – Applicability – Held: The limitation extensions granted in SMWP orders were intended to benefit litigants for filing suits/applications/proceedings and do ...
Criminal Law – Counterfeit Currency – Interpretation of Section 489B IPC – Possession vs. Trafficking – Mens Rea – Reference Answered by Larger Bench – Where substantial amount of Fake Indian Currency Notes (FICNs) are recovered and the accused offers no explanation during examination under Section 313 CrPC, possession is not dormant but active – Use of ph...