Administrative Law – Re-engagement of Self Help Group – Disengagement Order Quashed – Petitioner (Maa Santoshi WSHG) was earlier disengaged without being given a hearing – High Court quashed the disengagement and directed fresh inquiry – Inquiry Committee found the Petitioner compliant and recommended re-engagement – Director deferred action citing subsisting co...
Criminal Law – Quashing - Proclamation under Section 82 CrPC – Illegal Declaration – Petitioner declared proclaimed person in FIR involving Sections 406 and 420 IPC – Court found that procedure under Section 82 was not followed – No evidence of petitioner absconding or concealing himself – No fresh proclamation issued after adjournment – Minimum 30-day not...
NDPS Act – Bail – Commercial Quantity – Stringent conditions – Petitioner, a foreign national, caught with 416 grams of MDMA (commercial quantity) – Bail sought on ground that grounds of arrest not communicated in writing as required under Article 22(1), Section 47 BNSS and Section 52(1) NDPS Act – Held: Arrest memo signed and explained in English; communication...
Criminal Law – Curative Petition – Acquittal – Petitioner convicted and sentenced to death in the Rimpa Haldar murder case based on a Section 164 CrPC confession and alleged recoveries under Section 27 of the Evidence Act – Subsequent acquittals in 12 companion cases based on same evidentiary foundation – High Court and later Supreme Court found the confession inadmis...
Criminal Writ – Quashing - Organised Crime – KCOCA Invocation – Prior Approval – Improper Invocation – Petitioner, accused No.12, was in police custody at the time of the alleged incident of conspiracy to commit dacoity – Inclusion of KCOCA against accused based solely on co-accused’s voluntary statement without independent corroboration – Held: No m...
Family Law – Maintenance to Daughter – Adult unmarried daughter sought past and continuing maintenance and marriage expenses from father – Family Court granted Rs.15,000 per month for 3 years prior to petition and Rs.17,000 thereafter, with Rs.20 lakhs for marriage expenses – High Court held maintenance claim from birth maintainable as petitioner was minor at filing –...
Criminal Law – Sexual Assault – Acquittal – Respondent No. 2 accused of showing obscene videos and attempting to molest a minor girl – FIR lodged after delay of 4 days – No medical evidence or certified age document produced to prove minority of victim – Photocopy of birth certificate not verified per statutory requirement – Held: Prosecution failed to est...
Civil Law – Rejection of Plaint – Order VII Rule 11 CPC – No Cause of Action – Plaintiff filed a declaratory suit seeking invalidation of multiple gift deeds and powers of attorney concerning a property allegedly related to his father and uncle – Trial court rejected the suit at the threshold under Order VII Rule 11 CPC citing lack of any legal right or ownership clai...
Negotiable Instruments Act – Section 138 – Cheque Issued as Security – Accused issued cheque for ₹10 lakhs, allegedly in discharge of loan liability – Defence claimed cheque was given as security for registration charges in real estate transaction – Trial Court held real estate transaction and RTGS payment occurred on same date, lending credence to defence – H...
Criminal Law – Discharge – Allegation of Fraudulent Property Valuation – 5th accused challenged rejection of discharge plea, contending that his property valuation was genuine and that disparity with subsequent valuations was not sufficient to impute criminal intent – Held: Significant discrepancy in valuations shown by independent valuers and bank-commissioned reports rais...