Criminal Procedure - Bail Cancellation - Supervening Circumstances and Conduct of Accused - Petition for cancellation of bail in a heinous offence under Section 306 IPC—Difference between rejecting an application for bail and cancelling bail already granted—Court must find supervening circumstances not conducive to fair trial—Grounds for cancellation include violation of bail con...
Misuse of Maintenance Tribunal – Petitioner Sanjivani alleges misuse of Maintenance Tribunal by husband and his parents to evict her from the matrimonial home, infringing her rights under the Domestic Violence Act - [Para 1]
Matrimonial Discord – Ongoing matrimonial disputes, with complaints lodged by both parties, including a complaint under the Domestic Violence Act filed by Sanji...
Criminal Procedure - Quashing of FIR and Charge-sheet - Essential Commodities Act - Fertilizer Control Order - Petition to quash FIR and charges for non-standard DAP fertilizer sample—Petitioner appointed as responsible person after sample drawing—Company not made an accused—No specific allegations in FIR/charge sheet indicating petitioner’s vicarious liability—Court ...
Departmental Proceedings - Acquittal in Criminal Trial - Reinstatement of Employees - Constitutional Petition and Letters Patent Appeals - Appeals by State challenging reinstatement of police personnel after acquittal in criminal trial—Writ petition by left out employees challenging departmental inquiry and dismissal—Held, once there is acquittal on merits after detailed discussion, re...
Custodial death – Allegation of police brutality – Petition filed seeking CBI investigation and compensation for custodial death of deceased – Deceased taken into custody by police and later found dead with multiple injuries – Inquiry report by CJM confirmed custodial death – CID exonerated accused police officials – Violation of fundamental rights and liberty o...
Criminal Procedure - Recall of Witness - Change of Counsel - Additional Evidence - Delay in Proceedings- Change of Counsel – Petition under Section 482 CrPC challenging the dismissal of applications under Section 311 CrPC – Held: The alleged lack of competence of the previous counsel cannot justify reopening the examination of the complainant. Allowing such applications routinely based...
Criminal Procedure - Anticipatory Bail - Second Application - Change in Circumstance - Bail Jurisprudence- No Change in Circumstance – Petition under Section 438 Cr.P.C. for anticipatory bail – Held: A second anticipatory bail application on the same cause of action is not maintainable without a change in circumstance, fact situation, or law. The petitioner did not approach the trial c...
Criminal Procedure Code – Quashing of Proceedings – Section 482 CrPC – The Supreme Court evaluated the High Court's exercise of power under Section 482 of the Criminal Procedure Code, 1973, in quashing criminal proceedings based on a settlement agreement. The case involved the quashing of FIR and subsequent proceedings in a case of serious offences including abduction and ass...
Criminal Law – Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Appeal Against Conviction – Appellants convicted by trial court under Section 8(c) read with Section 20(b)(ii)(c) of the NDPS Act for alleged possession and transportation of 80 kg ganja – Conviction affirmed by High Court – Appeals filed by appellants [Paras 1-2, 11-12].
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Criminal Revision Petition - Juvenile in conflict with law - Transfer of trial - Mental and physical capacity to commit the offense - Understanding of consequences - Compliance with Supreme Court's directions - Juvenile Justice Act, 2015.
Applicability of Juvenile Justice Act - Heinous offense - Age of the juvenile - Preliminary assessment of mental and physical capacity - Transfer of trial...