Criminal Law - Probation for First-Time Offenders - Revision petition challenging the conviction, focusing on probation for a first-time offender. Petitioner nearly 50 years old, laborer with responsibilities, sought leniency. Held, the mandate of Section 360 Cr.P.C. and the Probation of Offenders Act emphasizes rehabilitation over punitive measures for non-heinous crimes. Petitioner released on p...
Criminal Law - Quashing of FIR under Section 174-A IPC – Petition under Section 482 CrPC – FIR registered after petitioner declared proclaimed person in a Section 138 NI Act case – Petitioner settled the matter with complainant, who withdrew the complaint – Once proceedings under Section 138 NI Act withdrawn, FIR under Section 174-A IPC becomes unsustainable – Petitio...
Criminal Law - Proclamation of Absconding Person - Compliance with Section 82 CrPC – Petition challenging orders declaring petitioner as proclaimed person under Section 82 CrPC – Proclamation issued with less than 30 days between publication and the date fixed – Subsequent adjournment to meet 30-day requirement not valid compliance – Petition allowed, orders set aside. [Par...
Criminal Law - Quashing of Complaint – Director and Manager Involvement – Petition under Section 482 CrPC seeking quashing of complaint under Insecticides Act – Petitioners prosecuted as Director and Manager-cum-Godown Incharge of accused company – No specific averments in complaint showing their role in company’s business or quality control – Responsible Office...
Criminal Law – Initiation of Criminal Action – The Supreme Court emphasized the need for circumspection in initiating criminal proceedings in commercial transactions, highlighting the potential adverse economic consequences of frivolous actions against large corporations – The Court noted the importance of regulators acting as gatekeepers to prevent unwarranted prosecutions [Para...
Criminal Law – Sexual Harassment – The Supreme Court emphasized the duty of the police to register an FIR whenever a cognizable offence is made out – Highlighted the importance of courts dealing with complaints of sexual harassment in a sensitive manner – Directed investigation to be supervised by a woman officer not below the rank of Superintendent of Police [Paras 1-37].
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Criminal Law - Anticipatory Bail – Section 438 CrPC – NDPS Act – Non-commercial quantity – Grant of bail to petitioner – Petitioner not named in FIR, no recovery effected from him, only based on wife's disclosure statement – Petitioner’s wife found with 6.25 grams of heroin, far less than commercial quantity – Petition allowed. [Paras 1-18]
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Income Tax Act - Motor Vehicles Act - Deduction of TDS on Interest – Revision petitions challenging orders directing the insurance company to deposit the deducted amount of TDS on compensation interest – Held, if interest on compensation is paid prior to June 1, 2015, insurance company must pay TDS amount to claimants and seek refund from Income Tax authorities – If interest paid...
Criminal Procedure – Repeated Applications under Section 311 – Invocation on Multiple Occasions – Section 311, Cr.P.C. – Petition for quashing Trial Court order dismissing application for re-examination – Held, no bar to invoke Section 311 repeatedly if situation arises – Different reliefs claimed in separate applications permissible – Denial of re-examina...
Criminal Law – Conviction for Attempt to Murder – The Supreme Court set aside the conviction under Section 307 IPC and Sections 25 and 27 of the Arms Act due to the lack of independent evidence corroborating the complainant's statements and the failure of the prosecution to link the recovered items to the alleged incident – Emphasized the importance of proper examination unde...