Criminal Law - Murder and Conspiracy – Appeal – Evidence – Conviction challenged due to lack of recovery of material objects – No proof of appellant administering poison – Liquor bottle, residue, and steel tumbler not recovered – Absence of material evidence weakens prosecution case – Conviction set aside – Appellant acquitted. [Paras 1-24]
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Regular Bail – Fresh Investigation – Police Jurisdiction – Section 439 Cr.P.C. – Petitioners declared innocent after initial charge sheet – Court held that police have no power to conduct fresh investigation or re-investigation – Converting inquiry report into a supplementary report under Section 173(8) Cr.P.C. is violative of procedural laws – Suo moto ex...
Habeas Corpus – Custody of Minor – Welfare Paramount – Section 13 of Hindu Minority and Guardianship Act – Petition dismissed – No inherent right vested in husband or his relatives to claim custody of minor girl by filing writ of habeas corpus – Welfare of minor paramount, husband being natural guardian immaterial – Court directed minor to shelter home for...
Proclaimed Offender – Procedural Compliance – Section 82 Cr.P.C – Petitioner declared as a proclaimed person for not appearing in a case – Petitioner later surrendered before the trial court – Court held that once the accused surrenders and joins proceedings, they can no longer be described as an offender – Proceedings under Section 82 Cr.P.C. fulfilled their pu...
Regular Bail – Smuggling via Drones – Awareness of Misuse – Section 439 Cr.P.C. – Petitioner, an authorized dealer, allegedly supplied drones used for smuggling contraband and arms – Court held even if petitioner supplied drones, awareness of misuse debatable – Petitioner not involved in other cases and in custody for over 2 months – Co-accused granted bai...
Eligibility for Membership – Primary Society Chairmanship – Section 28 of the Haryana Co-operative Societies Act, 1984 – Petitioner ceased to be the Chairman of the Primary Society on 15.08.2019 – Consequently, he ceased to be a member of the Board of Directors of the Union – Order of removal from the post of Chairman upheld – Petition dismissed [Paras 1-20].
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Bail – Grant of Regular Bail – Petitioners, Managing Directors of QVC Realty Company Limited and Chintels India Limited, sought regular bail under Section 439 Cr.P.C. – Petitioners accused of fraud and money laundering under Sections 3 and 4 of the PMLA – FIR initially registered under Section 10 of the 1975 Act and Section 420 IPC for breach of license terms – Twin c...
Criminal Law – Examination Fraud – Systemic Malpractice – The petitioners alleged that the NEET 2024 examination was compromised due to widespread paper leaks and manipulation – Investigation revealed isolated incidents in Hazaribagh, Patna, and other places but no evidence of systemic malpractice affecting the overall integrity of the examination – The Supreme Court,...
Criminal Law - Anticipatory Bail – Section 438 CrPC – NDPS Act – Non-commercial quantity – Grant of bail to petitioner – Petitioner not named in FIR, no recovery effected from him, only based on wife's disclosure statement – Petitioner’s wife found with 6.25 grams of heroin, far less than commercial quantity – Petition allowed. [Paras 1-18]
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Criminal Law – Jurisdiction of Children's Court vs. NIA Special Court – Petition seeking transfer of trial – Respondent juvenile tried as an adult – FIR under UAPA and Explosive Substances Act – Jurisdiction vested in Children’s Court – Non-obstante clause in JJ Act, 2015 – Overriding effect on other laws – Held, Children's Court has ju...