Bail Application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) - Petitioner seeks bail in a case registered under Section 376 of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) - Allegations of sexual assault on a six-year-old victim - Medical evidence prima facie supports prosecution's case - Defense claim...
Criminal Revision Petition – Charges framed under Sections 420/467/468/471 IPC – Petitioner challenges the impugned order of the Revisional Court – High Court examines the legality of the charges and the deletion thereof – Whether the charges of forgery can be imposed on a person who is not the maker of the forged document – High Court upholds the impugned order. [Par...
Criminal Law - Bail - Grant of Bail - Factors to be considered - Seriousness of the offense - Likelihood of accused fleeing from justice - Impact on prosecution witnesses - Possibility of tampering with evidence - Criminal antecedents of the accused - Prima facie satisfaction of the court on the charges - Need for recording reasons while granting bail.
Judgments - Contents of - Requirement of a...
Criminal Law – National Investigation Agency Act, 2008 – Section 6 – Exercise of Jurisdiction by the NIA – Validity – High Court directed the investigation of several First Information Reports (FIRs) to be transferred to the National Investigation Agency (NIA) under the Explosive Substances Act – Petitioners challenged the High Court’s order – Suprem...
Criminal case – Bail – Petitioner filed for regular bail in FIR No. 148, dated 27th June 2021, under Sections 15, 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Petitioner seeks parity with co-accused who was granted regular bail in a previous case (Para 1 and 2).
False Implication Allegation – Petitioner’s counsel alleges that ASI Jagtar ...
Criminal Procedure Code – Section 438 – Bail application – Allegations of derogatory comments posted on Facebook against religious figures – Sections 295-A, 153A, and 505(2) IPC – Freedom of expression – Religious sentiments – Communal harmony – Law and order concerns – Dismissal of bail application. (Para 2 to 6, 30 to 31, 34 to 38, and 40).
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Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 37 - Bail application - Grant of Bail - Prolonged incarceration - Slow pace of trial - Balance between accused's right to liberty and societal interest - Constitutional parameters - Right to speedy trial - Stringent bail conditions - Prima facie determination of guilt - Special enactments - Right under Article 21 of the Constitutio...
Constitution of India – Articles 226 and 227 – Criminal Procedure Code, 1973 – Section 482 – Writ Petition challenging the order of the Special Court for trial of NIA cases – Petitioner accused No. 1 alleged biased and illegal investigation – Seeking production of CCTV footage and call detail recordings (CDRs) – Allegations of ill-treatment on accused No. ...
CRIMINAL APPEAL – Bail application – Accused charged with offenses under Sections 326 and 302 read with 34 of the Indian Penal Code – Chart annexed to the charge-sheet containing details of mobile numbers and subscribers – Prosecution’s claim regarding the applicant’s connection to the seized bag – Lack of supporting material in charge-sheet – Court ...
Question of Law – The Court re-framed the issue as to whether the ITAT was justified in finding the assessment under Section 153A of the Income Tax Act, 1961, bad, when no assessment proceedings were pending at the time of initiation under Section 153A. [Para 2]
Factual Background – The original assessment of the respondent for the year 2002-03 was completed under Section ...