Criminal Procedure - Default Bail – Section 167(2) Cr.P.C. – Appeal against the denial of default bail – Challan presented within the statutory period but alleged to be incomplete due to lack of sanction under the Explosive Substances Act – Held, sanction obtained and submitted before filing the application for default bail – Challan considered complete – No ent...
Negotiable Instruments Act - Summary vs. Summons Trial – Petition for quashing proceedings under Section 138 of the Negotiable Instruments Act – Complaint filed for dishonour of cheque – Magistrate converted summary trial to summons trial without hearing parties – Held, non-compliance with hearing directive under Section 143 does not vitiate proceedings – Petition dis...
Income Tax Act - Motor Vehicles Act - Deduction of TDS on Interest – Revision petitions challenging orders directing the insurance company to deposit the deducted amount of TDS on compensation interest – Held, if interest on compensation is paid prior to June 1, 2015, insurance company must pay TDS amount to claimants and seek refund from Income Tax authorities – If interest paid...
Criminal Law - Quashing of Complaint – Director and Manager Involvement – Petition under Section 482 CrPC seeking quashing of complaint under Insecticides Act – Petitioners prosecuted as Director and Manager-cum-Godown Incharge of accused company – No specific averments in complaint showing their role in company’s business or quality control – Responsible Office...
Criminal Law - Quashing of FIR under Section 174-A IPC – Petition under Section 482 CrPC – FIR registered after petitioner declared proclaimed person in a Section 138 NI Act case – Petitioner settled the matter with complainant, who withdrew the complaint – Once proceedings under Section 138 NI Act withdrawn, FIR under Section 174-A IPC becomes unsustainable – Petitio...
Narcotic Drugs and Psychotropic Substances Act – Regular Bail – Individual vs. Collective Recovery – Petition for bail where 1 kg opium was recovered from petitioner and 9 kg from co-accused. Held, the total quantity should not be considered collectively when individual recovery is effected. Individual recovery from petitioner is non-commercial quantity, making Section 37 of NDPS...
Criminal Law – Restoration of Dismissed Complaint – Jurisdiction of Magistrate – Petition against order of JMFC allowing the restoration of a complaint dismissed for non-prosecution. Held, once a case is finally decided, the Court becomes functus officio and lacks the power to review or recall the order on any ground. The restoration order is set aside as illegal. [Paras 1-18]
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Criminal Law – Evidence in Absence of Accused – Criminal Revision against Appellate Court Order – Appeal by State against acquittal of petitioner under Section 406 IPC, followed by the remand of the case by the appellate court. The petitioner was acquitted alongside co-accused on the same set of evidence. Held, evidence led by prosecution during the absence of the accused can be ...
Criminal Law - Probation of Offenders – Section 360 CrPC – Sections 4 and 5 of the Probation of Offenders Act, 1958 – Revision against conviction and sentence – Offenses not heinous or grievous – Petitioner a first-time offender, nearly 50 years old with family responsibilities – Sentence modified to probation for good conduct – Revision partly allowed. [P...
Negotiable Instruments Act - Limitation for Recovery of Debt - Acknowledgment of Debt – Petition for quashing of complaint and summoning orders under Section 138 of the NI Act – Cheque issued beyond three years of taking loan – Held, acknowledgment of debt can renew the limitation period under Section 18 of the Limitation Act – Complaint need not include finer details and e...