Criminal Procedure Code, 1973 - Bail in Economic Offenses - Factors to consider - Seriousness of allegations, evidence, severity of punishment, character of accused, possibility of tampering with witnesses, larger interests of public/state - Different approach for economic offenses - Bail to be granted judiciously within four corners of law - Discretion not to be influenced by arbitrariness - Need...
Prima facie material required to connect accused with alleged crime - Abuse of process of law - Right to personal liberty - Constitution of India, Article 21. [Para 18]
2. Registration of case under Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004 - Preliminary satisfaction report not submitted - Prima facie material required - Abuse of process of co...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail - Recovery from co-accused - Disclosure statement - No recovery from the petitioner - Petitioner's name emerging from disclosure statement - Petitioner in custody for a significant period - No comment on merits of the case - Petitioner granted bail. [Para 5]
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail - No...
Criminal Procedure Code, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 341, 323, 506 - Framing of charges - Discharge - Scope of interference - At the stage of framing charges, the court's role is limited to determining whether a prima facie case has been made out against the accused - Detailed inquiry into evidence or weighing its sufficiency cannot be conducted - Personal biases or...
Criminal Procedure Code, 1973 - Section 439 - Interim Bail - Consideration of bail application by a petitioner seeking interim bail for six months - Petitioner gave birth to a child during custody - Allegations of the petitioner pushing her eight-year-old son into a canal - Petitioner's claim of accidental slip - Importance of maternal care and child's welfare - Constitutional provisions a...
DNA test in a declaratory suit - Order for DNA test should not be granted as a matter of routine - Burden of proof lies on the litigating party - A party cannot be compelled to prove the case in the manner suggested by the contesting party - DNA test cannot be ordered for a roving enquiry.
The plaintiff's right to privacy and protection from stigmatization - Consideration of social and cult...
Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 52-A – Standing Order No. 1 of 1988 – Conflict between statutory provisions and instructions – Implication of Section 52-A of the Act – Requirement of drawing representative samples of seized contraband – Standing Orders cannot supersede the Act – Statutory instructions are mandatory in nature ...
Negligence - Liability for compensation - Distinction between civil and criminal negligence - Receipt of compensation for criminal liability does not bar claim for compensation for civil wrong - Liability to pay compensation for civil wrong and criminal wrong are independent and mutually exclusive - Liability of respondents to pay compensation established. [Para 8.1]
Standard Compensa...
Criminal Procedure - Production of additional documents - Permission to produce photocopy of a document - Validity - Para 9, 10: If some mistake is made by the investigating officer by not producing a relevant document at the time of submitting the report or charge sheet, it is open to the investigating officer to produce the same with the permission of the court - The absence of specific prohibit...
Default Bail - Grant of - Indefeasible right of accused - In case of default by investigating agency in presenting report under Section 173 Cr.P.C. within stipulated period - Once extension order for presentation of challan is set aside, further detention of accused would be in violation of Section 167(2) Cr.P.C. read with Section 36A(4) of NDPS Act - Accused entitled to bail.
Proviso (a) to Se...