Family Law – Maintenance – Enhancement and Cancellation – Criminal Revision against Family Court order –
Maintenance to Wife and Son – Section 125 of Cr.P.C. – Challenge by Husband – Allegation of Suppression of Employment – Wife employed in private service earning Rs. 12,000 to Rs. 15,000 per month – Family Court rejected husband&...
Criminal Law – Unlawful Detention and Bail - Illegal Detention – Detention beyond 24 hours without justification – Petitioner detained for 13 hours beyond statutory limit – Contradictory affidavits from respondents explaining delay – Justifications for delay found to be prima facie unconvincing and an afterthought – Court emphasized the importance of prompt prod...
Medical Negligence and Criminal Intimidation – Charges against Dr. Punam Sinha for allegedly leaving surgical materials inside the complainant post-operation, leading to further health complications and additional surgeries – Initial complaint led to no action, escalating to a criminal intimidation charge when the complainant was threatened by the accused [Paras 2, 2.1, 13].
...
Recovery of Arrears of Maintenance – Enforcement against Deceased's Estate – Criminal Revision Petition challenging the first appellate court's decision to allow recovery of maintenance arrears from deceased's assets – Trial court dismissed maintenance enforcement against deceased – Appellate court allowed recovery from deceased’s assets, including service...
Section 138 of the Negotiable Instruments Act (N.I. Act) – Petitioner challenges the judgment and order of conviction and sentencing by the lower courts – Petitioner alleged to have borrowed a sum of Rs. 8,00,000/- from the complainant and issued three cheques which were dishonored – Trial court convicted the petitioner, and the appellate court affirmed the judgment – Petit...
Defamation and Proceedings – Revision against orders of lower courts in defamation proceedings initiated by Dr. Barnali Chattopadhyay against Dr. Sima Banerjee for alleged defamatory remarks made during a televised interview – Analyzed whether statements made fall within exceptions provided under Section 499 IPC, and whether there is intent to harm reputation as required under Section ...
Quashing of Summons and Warrants – Private Limited Company and Directors as Accused – Accused challenge summons and consequential warrants issued for offense under Section 138 of the Negotiable Instruments Act, 1881 – High Court quashes summons and warrants, directs fresh enquiry under Section 202 Cr.P.C. [Para 1-10]
Applicability of Section 202 Cr.P.C. in Negotiable Instrumen...
Proclaimed Offender – Quashing of Proclamation Order – Petition under Section 482 Cr.P.C. for quashing of order declaring petitioner as proclaimed person in Negotiable Instruments Act case – Petitioner’s absence at trial led to proclamation – Impugned order set aside due to non-compliance with mandatory conditions of Section 82 (2) Cr.P.C. and lack of recorded satisfa...
Bail Application – Regular Bail under Section 439 Cr.PC – Petitioner charged under Section 22/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Recovery of contraband – Allegation of non-compliance with Sections 42 and 50 of the NDPS Act – Petitioner's claim of false implication – First-time offender – Lengthy custody period – R...
Acid Attack and Subsequent Evidence Admission – Petitioner indicted for offences under IPC Sections 308, 326A, 120B with 34 – Alleged acid attack causing victim’s blindness – Prosecution sought to introduce victim’s disability certificate post trial completion – Dismissal of petitioner’s contention against late evidence admission – [Paras 2, 4, 12-13...