Criminal Contempt of Court – Sections 2(b), 2(c), 12, 15, 17, and 20 of the Contempt of Courts Act - Scandalous and Reckless Allegations Against Judiciary – Obstruction of Justice – Advocate Found Guilty of Civil and Criminal Contempt – Sentenced to Imprisonment and Fine – The High Court initiated suo motu contempt proceedings against Advocate Devesh Bhatt, prac...
Territorial Jurisdiction – Dowry Prohibition Offences – Scope of Section 199 BNSS – Complaint Maintainable at Place of Temporary Residence – The Magistrate returned the complaint filed under Sections 3, 4 and 6 of the Dowry Prohibition Act on the ground that the alleged acts occurred at Thiruvalla, not Mavelikkara – Held: Under Section 199 BNSS (analogous to Section 1...
Criminal Law - Appeal Against Conviction – Robbery, Use of Deadly Weapon, and Recovery – Section 394/397/411/34 IPC & Section 25 Arms Act – Conviction Upheld – The appellant challenged his conviction for robbery and allied offences, arguing improper recovery, lack of proof of mobile phone ownership, and misapplication of Section 397 IPC in conjunction with Section 34 &n...
Criminal Law - Cancellation of Bail – Sections 6, 10 and 17 of the POCSO Act - Sections 120B, 323, 328, 354, 354D, 376, 376(C), and 506 of the IPC - Grant of Bail in Serious Offences – Inadequate Reasoning – Order Set Aside – The Supreme Court examined a challenge by the complainant-father of a minor victim to the Delhi High Court's order granting bail to the accused un...
Criminal Law – Revision Against Dismissal of Discharge - Illegal Emigration – Manipulation of Visa Classification – Prima Facie Case Against Counter Officer – CBI Allegation that the accused knowingly permitted travel of a passenger under manipulated tourist visa originally issued as employment visa – UID and visa number remained same despite label change &ndash...
Criminal Law – Obstruction of Public Servant – Section 186, 353, 333, 34 of the IPC – Conviction Restored – The trial court acquitted the Respondent of charges of obstructing a public servant – Held: Testimony of the Complainant HC Rohtash and eye-witnesses including SHO and QRT staff clearly establish that the Respondent prevented the complainant from discharging his...
Criminal Procedure – Scope of Review – Order 47 Rule 1 CPC – Review Order Set Aside – Division Bench of High Court recorded no ground for review but proceeded to issue investigative directions – Supreme Court held such directions unjustified and beyond review jurisdiction – Held: Review power cannot be used to rehear matter or interfere with investigation withou...
Criminal Law - Suspension of Conviction – Disqualification under Companies Act – Application Dismissed – The appellant was convicted under Sections 120B, 420, and 471 IPC for misrepresentations made before government authorities to secure coal block allocation – He sought stay of conviction to avoid disqualification under Section 196(3)(d) of the Companies Act, 2013 –...
Regular Bail – Sections 4, 6, 8, and 12 of the POCSO Act - Sections 137(2) and 126(2) of the BNS - Allegation of Sexual Assault – Protection of Children from Sexual Offences Act – Bail Rejected – The applicant sought regular bail under Section 439 of CrPC in connection with offences under POCSO Act and Bharatiya Nyaya Sanhita alleging unnatural carnal intercourse with...
Criminal Law - Regular Bail – Money Laundering – Section 3 & 4 of the PMLA – Bail Application Rejected - The applicant, a senior journalist, sought bail in an ECIR based on two FIRs alleging extortion and cheating totaling Rs. 68.68 lakhs – The Enforcement Directorate (ED) alleged additional unexplained cash transactions of Rs. 50 lakhs, raising the proceeds of crime to...