Criminal Procedure Code, 1973 – Section 482 – Recusal of Judge – Request for recusal by petitioner due to a previous stricture made against petitioner’s conduct in a related matter in 2011 – Prayer rejected – Held, request lacked bona fide and seemed to be made with mala fide intention to avoid the Bench for no valid reason – Observations made by the High ...
Criminal Appeal – Probation - Essential Commodities Act, 1955 - Violation of West Bengal Pulses, Edible Oil (Dealers Licensing) Order, 1978 - Conviction and sentence - Appellant found guilty of possessing mustard oil and vegetable oil in excess of permissible limit - Appellant convicted under Section 7(1)(a)(ii) of Essential Commodities Act - Trial Court sentenced appellant to rigorous impri...
Bail application - Rejection - Charges under Sections 376AB of IPC and Section 5m/6 of POCSO Act - Allegation of rape on a 7-year-old victim - Applicant falsely implicated - Medical examination report does not support prosecution's allegations - Intact hymen and no injuries found on victim's body - Court cites medical jurisprudence to establish that complete penetration, ejaculation, or hy...
1. Criminal Law - Revision - Concurrent finding of conviction - Petitioner convicted under Sections 304-A IPC - Appeal dismissed - Revision against the concurrent finding of conviction - Petitioner acquitted based on the defense's version being highly probable - Benefit of doubt given to the accused. [Para 13]
2. Criminal Law - Evidence - Eyewitness testimony - Analysis of stateme...
Validity of Tamil Nadu Highways Act, 2001 - Attack on the ground of manifest arbitrariness and discrimination when compared to the Right to Fair Compensation and Transparency in Land Acquisition; Rehabilitation and Resettlement Act, 2013 - Comparison of two legislations by different governments and by different legislatures - Held, Article 14 of the Constitution of India does not authorize the str...
Freezing of Assets - Imposition of Bank Guarantee - The second freeze order had incapacitated the appellant from repatriating an amount of Rs. 38.52 crores - Lower courts had imposed a bank guarantee equivalent to the amount sought to be withdrawn, which the appellant had challenged. (Paragraphs 4-9)
Investigation - Redundancy - Dharmesh Doshi was in no way connected to the appellant company - ...
Criminal Appeal – Narcotics Drugs and Psychotropic Substances Act, 1985 – Conviction under Section 15 – Drawing of Samples at the time of seizure – Compliance with Section 52A(2) – Procedure for drawing samples in the presence of a Magistrate – Effect on prosecution’s case – Doubt about the nature of seized substance. (Para 3)
Criminal Procedure &...
*** Criminal Procedure - Re-trial - Additional evidence - Exceptional circumstances required for ordering re-trial - Re-trial to be ordered only in cases where the trial Court lacked jurisdiction, or serious illegalities or irregularities vitiated the trial, or material evidence was prevented from being tendered - Proper course for Appellate Court to resort to Section 391 of the Cr.P.C. ...
BAIL – Grant of bail – Accused charged under sections 363/376 IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 – Prosecutrix, allegedly a minor at the time of the incident, in a relationship with the accused – Prosecutrix consistent in her statement that she went with accused out of her free will – Accused and prosecutrix wanted to marry each...
Criminal Procedure - Quashing of complaint and summoning order - Compliance with Section 202 of the Cr.P.C. - Petitioners filed a petition seeking the quashing of a complaint and summoning order under Section 500, 34 IPC - The complaint was filed by the respondent in the Court of the Chief Judicial Magistrate, Chandigarh - Petitioners contended that the Magistrate failed to comply with Section 202...