Maintenance – Interim Maintenance – Section 125 Cr.P.C. – Sufficient Means – Physical Incapacity of Husband – Revisionist-wife sought interim maintenance claiming opposite party to be a practicing doctor having sufficient means – Trial Court rejected interim maintenance holding that husband had become incapable of earning due to grievous firearm injury – H...
Criminal Law – Quashing of FIR – Section 528 BNSS – Scope of Interference at Investigation Stage – Petitioner sought quashing of FIRs registered for offences under Sections 132, 224, 352, 351(3), 353(2) and 56 of BNS arising out of a single incident – FIRs registered within days of incident and investigation yet to commence in earnest – Held: FIR is not an encyc...
Motor Vehicles Law – Bike Taxis as Transport Vehicles – Sections 2(7), 2(25), 2(47), 41(4), MV Act, 1988; Rule 2, CMV Rules, 1989; Central Government Notification S.O.1248(E) dated 05.11.2004; Central Government Clarification No. RT-11021/34/2023-MVL dated 22.01.2024 – Affirmative Finding – The High Court held that a motorcycle, capable of carrying a rider and a pillion pas...
Criminal Law - Bail – Regular Bail – Abetment of Suicide and Dowry Death Allegations – Appellant husband accused under Sections 108 and 80 BNS and Sections 3 and 4 of Dowry Prohibition Act in connection with death of wife – High Court rejected bail solely on seriousness of offence – Supreme Court examined FIR, case diary statements, post-mortem and surrounding circums...
NDPS Act – Regular Bail – Second Bail Petition – Commercial Quantity – Delay in Trial – Article 21 of Constitution – Second petition filed under Section 483 BNSS seeking regular bail in FIR under Sections 22(C) and 29 NDPS Act involving alleged recovery of 576 capsules (354.96 grams) – Petitioner in custody since 12.07.2024 – Earlier bail petition di...
Anticipatory Bail – Sections 318(4) & 319(2) BNS - Impersonation in Public Examination – Extraordinary Nature of Relief – Petitioner sought pre-arrest bail in FIR alleging that another person appeared in a recruitment examination on his behalf using his roll number and documents – CCTV footage and seizure of documents indicated impersonation – Held: Anticipatory b...
Criminal Law – Discharge – Scope at Preliminary Stage – Accused seeking discharge contending that he was neither Director nor shareholder of accused company – Magistrate relied on Registrar of Companies records showing petitioner as Director – At discharge stage, court required to see prima facie material and not conduct a roving enquiry – Held: Existence of doc...
Criminal Law – Quashing of FIR and Cognizance Order – Article 226 Constitution of India – Maintainability – Petitioner sought quashing of FIR, charge-sheet and cognizance order alleging dispute to be purely civil arising out of partnership agreements – During pendency of writ petition, investigation completed, charge-sheet filed and cognizance taken by Magistrate &nda...
Bail – Second Bail Application – Murder of Wife by Strangulation – Section 103(1) BNS – Earlier Bail Withdrawn – Second Bail Filed Without Change in Circumstances – Rejection Justified – Applicant sought bail for the second time after having earlier withdrawn the first bail application during trial proceedings – No substantial change in circumstances...
Criminal Law – Section 482 CrPC – Quashing of Proceedings – Mechanical Cognizance on Protest Complaint – Magistrate took cognizance of offences under Sections 420, 468, 471 r/w 34 IPC on a protest complaint after police filed refer report finding allegations false – Order merely recorded “prima facie case made out” without reasons – No discussion of ...