Quashing of FIR and Charge-Sheet – Criminal Revisional application against charges of unauthorized construction under Section 401A of the Kolkata Municipal Corporation Act, 1980 – Petitioners, serving as professional directors not involved in day-to-day operations or construction activities of the company, challenged their wrongful implication in the case due to their positions –...
Litigation Costs and Maintenance Pendente Lite - High Court reviews orders concerning payment of litigation costs and adjustments of maintenance payments - Considers legal provisions under Section 24 of the Hindu Marriage Act, 1955, and precedents set by the Supreme Court for determining maintenance and litigation expenses - Litigation costs should be prioritized and awarded from the outset of pro...
Advocate’s Role – Quashing of FIR – Petitioner, a practicing Advocate, questioned revenue officials during an encroachment removal operation – Charged under Sections 341 and 353 of IPC – Petitioner’s demeanor considered in light of his profession – Advocate’s actions aimed at safeguarding client’s rights, not obstructing officials – Conti...
Criminal Appeal – Challenge to conviction and sentence – Appellants convicted of various offenses, including murder and under the SC/ST (Prevention of Atrocities) Act – Multiple appeals arising from a common judgment – Arguments raised regarding inconsistencies in eyewitness testimonies, doubts about the place of occurrence, and the sufficiency of evidence. [Para 8-9]
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Criminal Petition – Quashing of proceedings – Accused seeks quashing of order rejecting discharge application – Accused No. 8, Dr. Neha Bansal, a doctor, was implicated in a case involving the alleged leakage of question papers in a postgraduate entrance test – The government constituted an inquiry committee, which found malpractice and referred the matter to the CBI &ndash...
Quashing of Complaint - Negotiable Instruments Act - Proceedings under Section 138 of the Act - Petitioners challenging proceedings instituted against them - Accused persons include Directors and office bearers of a company - Cheque issued for credit facility - Chairman of the Company issued the cheque, which was signed by him - Chairman passed away after issuance of the cheque - Accused No. 2 suc...
Criminal Writ Petition - Quashing of Detention Order - Challenging orders under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981 (MPDA) - Alleged personal disputes forming the basis for the detention order - Acts alleged do not cons...
Criminal Procedure – Examination of Accused – Failure to question the accused under Section 313(1)(b) of the Code of Criminal Procedure – Effect on proceedings – Revision petitions challenging concurrent convictions under Section 138 of the Negotiable Instruments Act – Accused denied a fair opportunity to explain incriminating circumstances – Failure to comply w...
Criminal Procedure Code, Section 451 – Representation of People Act, Section 78 – Release of seized currency notes during ongoing investigation – Petitioner, a politician, faced allegations of amassing wealth disproportionate to known sources of income – Currency notes seized during the investigation – Application for release under Section 451 Cr.P.C. – Petition...
Quashing of FIR under Section 482 of the CrPC – Allegations under Section 8, 15 of the NDPS Act, 1985 – Petitioner accused of involvement in transportation of contraband poppy straw – No recovery of contraband from the petitioner – Absence of tangible evidence linking petitioner to the crime – Reliance on disclosure statement of co-accused under Section 27 of the Indi...