Customs Law – Acquittal and Exit Permit – Petitioner, a Chinese national, was intercepted at Mumbai airport carrying gold bars, subsequently acquitted by the trial court – Customs Department’s appeal dismissed – Respondent No. 2’s failure to challenge acquittal within the statutory period – FRRO’s refusal to issue Exit Permit due to pending LOC initi...
Non-Bailable Warrant – Issuance Without Execution Report – Petitioners challenged the orders issuing non-bailable warrants without the execution report of previously issued bailable warrants – High Court held that the Magistrate should have insisted on the execution report before issuing non-bailable warrants – Orders set aside [Paras 1-8].
Proclamation Under Section 82 ...
Civil Writ - Temporary Appointments – Procedural Compliance Under MMR Rules – Review applicants argued that their placement in the selection panel, and nomination by the District Registrar, conferred priority for appointment – Held: Appointment of MMR requires adherence to Rule 3(b) of the 1929 Rules, which empowers the IGR to override the District Registrar’s nominee...
Jurisdiction of Special Court – Bar under Section 60 of Bihar Prohibition and Excise Act – The court upheld the decision of the Special Court which denied jurisdiction to release the seized vehicle under Section 60 of the Bihar Prohibition and Excise Act, 2016. The petitioner was directed to pursue alternative remedies as prescribed under the Act and Rules, such as moving the applicati...
Criminal Procedure – Additional Evidence – Section 391 Cr.P.C. – Application filed for further cross-examination of P.W.1 Melita Sabar – Initial examination and cross-examination conducted, with alleged contradictions in her statements before different courts – High Court allows additional evidence in the interest of justice and to ensure fair trial, emphasizing the a...
NDPS – Bail Application for Intermediate Quantity Offense – Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2024 – Sole accused in Crime No. 578/2024 sought bail after five months in custody, with contraband recovery already made and investigation completed – Prosecution alleged prior criminal involvement and argued against bail, citing risk of reoffending – ...
Criminal Law – Conviction for Murder and Destruction of Evidence – Appellants convicted for beating Rajinder Singh @ Bhura to death and disposing of his body – Trial court’s judgment based on testimonies of eyewitnesses, recovery of weapons, and forensic evidence – High Court reverses conviction due to significant inconsistencies and procedural lapses in the prosecuti...
Criminal Law – Murder Conviction – Appellant convicted for the murder of his wife by setting her on fire – Trial court’s judgment affirmed – Appeal dismissed based on consistent dying declarations by the deceased to police and magistrates – Court finds no grounds for mitigating the charge under Section 302 IPC despite claims of intoxication [Paras 1-25].
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Criminal Law – Bail – Petition for regular bail – Petitioner arrested with counterfeit currency notes – Prosecution case based on secret information and recovery by police – Petitioner claims false implication and non-recovery of counterfeit notes – Petitioner contends that counterfeit notes are toys and not genuine currency – Held – Petitioner in cu...
Negotiable Instruments Act – Dishonored Cheque – Petitioner issued a cheque for Rs.20,00,000 to the respondent which was dishonored – Respondent filed a case under Section 138 of the N.I. Act – Petitioner sought production of original agreement via Section 91 Cr.P.C., alleging potential discrepancy in ink used for signatures [Paras 1-3].
Section 91 Cr.P.C. &nda...