Concealment and Misrepresentation Allegations - Applicant, Kamdhenu Enterprises Ltd. And M/s Jads Services Pvt. Ltd., allege non-applicant Yashovardhan Birla concealed material facts and misrepresented information – Challenges the maintainability of Birla’s petitions filed for quashing complaint cases under Section 138 of NI Act. [Paras 4.1-4.9]
Background of Earlier Petit...
Majibullah Mohammad Haneef challenges his extradition to Oman on allegations of murder involving an Omani national and his family - Arrest under Section 34-B of the Extradition Act, 1962 - Formal extradition request from Oman - Inquiry by Additional Chief Metropolitan Magistrate, New Delhi - Magistrate concludes dual criminality principle satisfied, prima facie case against petitioner - Authentica...
Writ Petition – Quashing of Enforcement Case Information Report (ECIR) and Related Proceedings – Petitioner's plea for quashing of proceedings initiated through ECIR/09/HIU/2019 following compounding and quashing of predicate FIRs – Partly allowed, with continuation of ECIR based on a subsequent FIR. [Paras 1-3, 36-37]
Predicate Offences – Compounding and Q...
Criminal Bail Application – Regular bail sought under Section 439 Cr.P.C. – Challenge to Order dated 31.10.2022 – NDPS Act – Offences under Sections 8/21/22/23/29 NDPS Act – Seizure of narcotic drugs – Conspiracy involving petitioner and co-accused – Recovery of Heroin and Cocaine from parcels and residential premises – Petitioner in custody for more...
Ordering of blood tests in paternity disputes – Principles to be considered – Courts in India cannot order blood tests as a matter of course – Strong prima facie case of non-access required to dispel presumption of legitimacy – Consequences of ordering blood tests must be carefully examined, including potential stigmatization – No one can be compelled to give a blood ...
Criminal Revision Petition – Dismissal – Domestic Violence Act, 2005 - Marriage and Dowry Allegations – Respondent's claim of marriage in 2006 and dowry payment of Rs. 5 lakh. Assertion of domestic violence and harassment by the petitioner and his family, leading to the filing of a DV Act petition and a criminal case under Section 498A of IPC and the Dowry Prohibition Act. [P...
Criminal Quash Petition – Offences under Sections 132 and 135(1)(a) and (b) of The Customs Act, 1962 – Petitioner challenges Criminal Complaint and summoning order – Allegation of smuggling arms and ammunitions – Petitioner’s License used by father for import – Petitioner’s statement under Section 108 of the Act – Petitioner studying law and a nation...
Bail Application - Grant of Bail – Narcotic Drugs and Psychotropic Substances Act, 1985(NDPS) – Petitioner accused of possession of 36.740 grams of Methamphetamine, initially believed to be MDMA – Chemical analysis report confirmed substance as Methamphetamine, classified as intermediate quantity – Petitioner has no criminal antecedents – Held, considering the complet...
Quashing of FIR – Section 482 of Cr.P.C. – Serious Allegations of Extortion and Assault: The High Court declined to quash FIR No. 384/2021 - involving offences under Sections 323/341/384/506/34 IPC - in a case where the accused allegedly assaulted and extorted the complainant. Despite a compromise between parties, the Court found the allegations too serious - emphasizing the societal i...
Civil Revision – Challenge to impugned order – Application under Order 18 Rule 3-A, CPC declined – Rent Controller’s decision challenged – Petitioner seeks revision of the decision – Matter relates to eviction petition – Respondent failed to step into witness box – Petitioner raised objection, filed application under Order 18 Rule 3-A, CPC – Re...