Detention Order and Background – Detention order issued under Section 3(1) of COFEPOSA against Sayyed Hussain Madar @ Chand on 02.05.2005 for involvement in smuggling 635.556 metric tonnes of diesel valued over Rs. 2.30 crores, detained posthumously challenged by his widow, Fazila Sayyed – Background of smuggling operations described, involving vessel M.T. AL SHAHABA and unloading oper...
Criminal Law – Appeal against Conviction – Eyewitness Reliability – Criminal Appeal challenging the conviction for offenses under Sections 147, 148, 302/149, and 392 IPC – Prosecution's case primarily based on the testimony of a sole eyewitness, PW-1 – Trial court acquitted one accused (Mahendra Kumar Kaushik) based on disbelieving part of the testimony of PW-1 re...
Grant of Bail – NDPS Act – Application under Section 439 CrPC for grant of regular bail in connection with FIR registered under Sections 8(c), 22(c), and 29 of NDPS Act – Held, bail granted based on the absence of clear evidence linking petitioner directly with the contraband and inconsistencies in the prosecution's case. [Paras 1, 27-28]
Role of Accused in Narco...
Criminal Appeal – Conviction under Sections 376(2)(i), 323 of the IPC, and Section 6 of the POCSO Act – Appeal against the trial court's judgment – Evaluation of the evidence – Victim's testimony found consistent and reliable – Medical evidence supports the victim's claims – Age of the victim confirmed to be below 18 years – Conviction affirmed...
Criminal Law - Scope of Magistrate’s Powers Under Section 156(3) Cr.P.C. - Petition filed under Article 227 challenging the order of the Magistrate directing a preliminary investigation by police. The petitioner argued that the Magistrate misinterpreted the law laid down by the Supreme Court in Priyanka Srivastava v. State of U.P. (2015) and Lalita Kumari v. Government of U.P. (2014). The co...
Anticipatory Bail – Application under Section 438 of the Code of Criminal Procedure, 1973 – Applicant, a lady accused with a two-month-old child, accused of multiple offences including under the Indian Penal Code, Explosives Act, Essential Commodities Act, etc. – Applicant contends no role in the alleged offences and no need for custodial interrogation. [Para 1-2]
&n...
Allegations of Sexual Assault under POCSO and IPC – Appellant challenges conviction by Trial Court – Appeal allowed, conviction set aside based on inconsistencies in the victim’s testimonies and lack of corroborative evidence. [Para 1-20]
Testimony of Child Victim – Evaluation – Court highlights importance of consistent and credible testimony – Find...
Question of Law – The Court re-framed the issue as to whether the ITAT was justified in finding the assessment under Section 153A of the Income Tax Act, 1961, bad, when no assessment proceedings were pending at the time of initiation under Section 153A. [Para 2]
Factual Background – The original assessment of the respondent for the year 2002-03 was completed under Section ...
Bail Application – Rejection by Trial Court – Appeal for release before High Court – Petitioner implicated under Section 302 read with Section 34 of IPC and Section 25 of the Arms Act – Petitioner under preventive custody since 29th October 2021. [Para 1]
Prosecution Case – Death due to bullet injury – FIR registered based on statement by father of ...
Factual Background and Trial Court Proceedings – Revisionist, the father-in-law of the respondent, asserts ownership over the property through a chain of transfers culminating in a set of documents dated 27.07.1998 – Conflict arises post marital discord between respondent and revisionist’s son, leading to respondent’s alleged trespass – Initial suit for injunction and...