Anticipatory Bail – Prevention of Corruption Act, 1988 - Demand and Acceptance of Bribe by Public Servant – Bail Denied - The petitioner, a Junior Engineer, was accused of demanding ₹1000/- for signing a routine electric connection transfer – Audio recording of the demand and acceptance was submitted – Court held that prima facie the allegations were serious and warranted...
Civil Review – Time-Bound Disposal Direction by High Court – No Grounds for Interference – Review Dismissed - The petitioner sought review of a direction in the appellate judgment requiring the Family Court to dispose of a long-pending matrimonial dispute within six months – Court held that such time-bound direction was justified in light of 15 years of ongoing litigation &...
Criminal Law - Probation of Offenders Act – Inapplicability under PoFA Act – Section 20AA prohibits probation – Probation benefit denied - Section 20AA clearly excludes the application of the Probation of Offenders Act and Section 360 of the CrPC to those convicted under the PoFA Act unless the offender is under 18 years of age – The Court held that the provision is explici...
Criminal Law – Sections 132, 135, 110(1B) of the Custom Act - Jurisdiction of Magistrate – No Power to Direct Revaluation Post-Adjudication – Magistrate Exceeded Authority – The Court held that once quasi-judicial adjudication proceedings under Customs Act were concluded and valuation upheld, the Magistrate could not order fresh revaluation – Certification proceedings...
Section 138 NI Act – Personal Criminal Liability of Director – Insolvency of Company No Bar – Appeals Dismissed – Appellant convicted for cheque dishonour and sentenced to two years imprisonment with ₹2.5 crore compensation – He claimed protection due to company liquidation and moratorium under IBC – Supreme Court held director’s criminal liability under...
Criminal Law – Bail – Murder - Prolonged Incarceration of Undertrial – Bail Granted – The applicant was arrested in October 2018 for allegedly murdering his younger brother – Despite more than 6 years of custody, trial had not progressed beyond listing of witnesses – The Court emphasized the right to speedy trial under Article 21 and observed that delay caused b...
Suo motu - Sedition and Endangering National Unity – Public Remarks by Elected Official – Section 152 BNS – Prima Facie Offence Made Out – Minister Vijay Shah’s comments equating a Muslim Army officer with terrorists were held as promoting separatist sentiments – Such statements were found to endanger the sovereignty, unity, and integrity of India – FIR un...
Criminal Law – Abetment by Public Servant’s Spouse – Section 109 IPC r/w 13(1)(e) of the PC Act – Conviction Upheld – Appellant was a public servant and wife of main accused who acquired disproportionate assets – Assets held in her name – Held: Her role in concealing and holding such assets established her active involvement in abetment – Conviction ...
Criminal Law - Inherent Powers of High Court – Section 482 CrPC – Improper Invocation – Order Reversed – High Court directed release of Rs. 15.90 lakhs in favour of respondent no. 2 despite ongoing investigation and charge sheet indicating need for further probe – Held: High Court exceeded jurisdiction under Section 482 by making findings on factual disputes and inter...
Bail – Parity – Not Applicable to Main Conspirators – Bail Cancelled – High Court erred in granting bail to main accused Yashpal and Raman on ground of parity with co-accused – Supreme Court held that respondents were the masterminds of a pre-planned murder involving a contract killer – Their role is distinct and graver than other co-accused – Parity not a...