NDPS Act – Bail – Sections 21 and 25 – Quantity Below Commercial Threshold – Section 37 Not Applicable – Applicant arrested on 28.03.2025 for alleged recovery of 6.08 grams of heroin from speedometer of his motorcycle – Challan filed – 11 out of 19 witnesses examined – Trial not likely to conclude in near future – Multiple prior NDPS cases regi...
Companies Act – Appointment of Woman Director – Section 149 – Compliance – Triable Issue – Petitioner company alleged to have violated Section 149 of the Companies Act, 2013 by failing to appoint a woman director within the prescribed period ending 31st March, 2015 – Petitioners claimed appointment of Ms. Kirti Sanghavi as woman director by Board resolution date...
Criminal Law – Challenge to Remand Order - Production before Magistrate – Article 22(2) – Accused to be produced within 24 hours excluding travel time – Minor delay of 25 minutes beyond 24 hours explained by circumstances – Held: Not fatal and does not vitiate remand [Paras 8, 9, 10]
Arrest – Computation of 24 Hours – Time to be reckoned from official a...
Criminal Law – Murder – Acquittal – Accidental Death vs. Homicidal Death – Appellants convicted for allegedly running a tractor over the deceased with an intention to kill at the instance of co-accused – The deceased was admitted to the District Hospital as an accidental injury case and the hospital communication to police also mentioned it as an accidental injury &nd...
Criminal Law – Murder – Section 302 IPC altered to Section 304 Part II IPC – Remand Ordered – Appellant convicted for murder committed on 28.10.2000 – Sessions court awarded life imprisonment – High Court on appeal, after 21 years, altered conviction to Section 304 Part II IPC with 5 years rigorous imprisonment through amicus curiae appointed in the absence of a...
Crininal Law – Murder – Exception 4 to Section 300 IPC – Culpable Honicide Not Anounting to Murder – Sudden Fight – Appellants convicted under Sections 302/34 IPC for death of deceased caused by axe blow to the head during a dispute over stone-pelting on the previous night – Counter-case lodged by accused against deceased on the same day, and evidence of accused...
Bail – Prostitution – PIT Act – Sections 3, 4 and 5 – Accused No. 2 arrested during a raid at a flat in KPHB Colony where prostitution was allegedly being organised by the main accused – Petitioner alleged to be a sub-organizer acting as mediator for customers – Petitioner claimed she visited the premises only to collect money due in connection with her chit fun...
Criminal Proceedings – Quashing under Section 482 CrPC – Allegations of manufacturing and selling goods by misusing established brand identity – FIR and charge-sheet disclose prima facie offences of cheating, forgery and deception – High Court declined to quash proceedings holding that disputed facts require trial and continuation of prosecution not an abuse of process [Par...
Criminal Procedure – Quashing of FIR – Section 482 CrPC – Sine Qua Non – Dispute arising from a Collaboration Agreement of 2012 led the appellant to lodge a complaint with the Commissioner of Police – FIR not registered on complaint, whereupon appellant filed an application under Section 156(3) CrPC before the Magistrate along with a complaint under Sections 420, 406 ...
Criminal Law – Murder – Sections 302/34, 307/34, 509/34 and 506 IPC – Brutal daylight incident – Accused persons, armed with gun, knife and sharp-edged weapon (Daav), attacked deceased Chameli Devi due to land dispute – Deceased was knocked down, assaulted, beheaded and her head hung on a tree – Child witness also sustained firearm injury – Eyewitness acco...