Writ Petition (Criminal) – Custody of autistic ward – Invocation of parens patriae doctrine – Petitioner, mother of an autistic ward, sought custody after the demise of her husband who was appointed as the guardian under the National Trust Act – Provisions of the Act – Analysis of Sections 10 and 14 – Court’s discretion to act as parens patriae in exceptio...
Criminal Bail Application – Grant of Bail – Petitioner denied bail by trial Court – Nature of charges under various sections including IPC, NDPS Act, and Arms Act – Prosecution alleging involvement in illegal activities – Co-accused already granted bail – Prolonged preventive custody – Likelihood of tampering with evidence and influencing witnesses –...
Anticipatory Bail – Grant of – Seriousness of offence and need for custodial interrogation – Balance between individual rights and interests of justice – Land forgery and fraud – Prima facie evidence of fraudulent transactions – Suspicion regarding authenticity of documents – Elderly and vulnerable victims – Necessity of thorough investigation &ndash...
Section 143A of the Negotiable Instruments Act, 1881 – Interim Compensation – Order of deposit of 10% of the amount of a dishonored cheque – Tenability – Whether the order can be made before the accused enters a plea of “not guilty” – Held, interim compensation under Section 143A(1)(a) can be granted only when the accused pleads not guilty to the accusatio...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Extension of time for investigation - Grant of default bail - Conditions for extension of time - Independent application of mind by Public Prosecutor - Non-receipt of FSL report as a compelling reason - Compliance with Section 36A(4) - Applicability of Section 167(2) of Cr.P.C. - The Public Prosecutor is required to independently apply his min...
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 – Detention Order – Representation – Delay in disposal – Unexplained delay – Validity of detention order – Writ of Habeas Corpus – High Court of Manipur held that the detention order issued under the NDPS Act for a period of 12 months was challenged on the ground of viola...
Criminal Appeal No. 609 of 2016 – Appeal against the judgment and order of conviction under Section 302 of the IPC – Appellant convicted for the offense of setting his wife on fire resulting in her death – Appeal filed challenging the maintainability, sustainability, and legality of the judgment – Grounds raised questioning the credibility of the dying declarations, lack of...
Dowry Death – Bail – Grant of bail to accused No.1 – Allegations of demand for dowry and cruelty leading to suicide of deceased Meghana – Lack of material evidence to establish demand for dowry at the time of marriage – Deceased subjected to physical and mental torture after three months of marriage – Accused allegedly coercing deceased to bring additional dowry...
Bail application – Petitioner seeking bail under Section 439 of CrPC – Accused aged 19 years – Incarcerated for one year and two months – FIR registered under various sections of IPC and Arms Act – Petitioner has no criminal antecedents – Claiming further pre-trial incarceration would cause irreversible injustice – Court considering nature of allegations, ...
Criminal Appeal – Rape case – Conviction and sentencing – Sole testimony of the victim – Need for corroboration – Failure to prove case beyond reasonable doubt – Contradictions and inconsistencies in victim’s statement – Lack of injuries and corroborating evidence – Delay in lodging FIR – Absence of independent witnesses – Acquittal...