Criminal Appeal – Bail Application under NDPS Act – Contraband possession and trafficking – Recovery of fake stickers – Disclosure statement – CDR call records – Material evidence – Analysis of various contentions and arguments – Consideration of legality and applicability of evidence – Examination of case law regarding admissibility of confess...
Contempt of Court – Allegation of willful disobedience of an order granting anticipatory bail – Addition of further offenses during investigation – Arrest of the petitioner – Violation of a previous judgment – Petitioner’s bail applications subsequently dismissed – Respondents contending proper procedure was followed – Petitioner’s counsel argu...
Criminal Appeal – Appellant/Husband’s appeal against denial of divorce – Grounds of desertion, unsoundness of mind, and mental disorders – Examination of the appellant’s claims in light of legal provisions and precedent – Disputed issues pertaining to marriage dissolution.
Desertion as Ground for Divorce – Analyzing Section 13(1)(ib) of the Hi...
Conviction and Sentencing – Chenthamarakshan convicted under Sections 302, 449, 450, 392, 394, and 201 IPC for murder and robbery of Preethi, his relative, and disposing of her body in Tamil Nadu using a Honda Activa scooter [Para 1].
Evidence and Circumstances – Lack of direct evidence; reliance on circumstantial evidence including recovery of victim's body, stolen it...
Criminal Appeal – Murder and Kidnapping - Acquittal– Appeal against the conviction and sentence – Appellant convicted for offences under Sections 364 and 302 of the IPC – Issues raised regarding sufficiency of evidence, contradictory testimonies, and unreliable recovery – Consideration of medical reports, disclosure statement, and recovery memo – Extortionate me...
Criminal Procedure Code, 1973; Section 482 – High Court’s power under Article 226 and Section 482 Cr.P.C. – Scope and Jurisdiction – High Court to consider broad probabilities, total effect of material on record, and any basic infirmities in the case for quashing order framing charges – Strong suspicion based on material sufficient to maintain charge but must be found...
Bail Application – Rejection of Interim Bail in Murder Case – Petitioner, Varun, accused under Sections 302/307/34 IPC, sought interim bail for attending PHD classes at University of Gujarat – Application dismissed due to the serious nature of the allegations and potential threat to the complainant and witnesses. [Para 1, 4, 6-7, 11]
Comparison with Other Cases – Relianc...
Anticipatory bail petition filed under Section 439 Cr.P.C. - Allegations of offenses under Sections 307/120-B/427/34 IPC, 1860 and Sections 25/27 of the Arms Act, 1959 - Petitioner seeks regular bail - Petitioner's claim of separation and dissolution of marriage by mutual consent challenges the alleged motive - Petitioner's absence from the country on the day of occurrence - Petitioner'...
Issue of Interpretation of Section 148 of N.I. Act – Concerns appellate court’s discretion in ordering payments pending appeal against conviction under Section 138 of N.I. Act – Requirement for reasons supporting appellate court’s order [Para 1].
Section 148 of Negotiable Instruments Act – Interpretation and Application – Held – Appellate Court possesse...
Suo Moto Cancellation of Bail– Alleged Sexual Assault on Children – Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Grant of Bail to Accused Yumken Bagra, Hostel Warden of Government Residential School – Sexual Assault on 21 Children (15 girls and 6 boys) Aged 6 to 12 years between 2019 to 2022 – Offences under Sections 10/12/14(1)/15(1)/2 of POCSO...