Income Tax – Registration of Charitable Trust – Appeal against ITAT Order – Respondent trust’s registration under Section 12AA cancelled by Commissioner of Income Tax (Exemption) (CIT€) due to non-commencement of activities – ITAT set aside the cancellation, holding that activities need not commence for registration eligibility – High Court upheld ITAT&rsqu...
Quashing of FIR – Civil Dispute Presented as Criminal Case – Sections 406 and 420 IPC – Petitioner alleged that the FIR registered by the complainant, claiming non-repayment of ₹70,00,000 lent as a loan, is a civil dispute being framed as a criminal offence – Petitioner contended that the FIR does not disclose fraudulent intent or breach of trust and that the complaint is...
Bail – Cancellation – Suppression of Material Facts – The respondent Indira Kumari @ Tanu secured bail by suppressing material evidence against her, specifically the statements of last seen witnesses recorded under Section 164 Cr.P.C. The bail was granted under the false premise that there was no evidence against her. This concealment and misrepresentation amounted to an abuse of...
Industrial Disputes - Settlement Validity - Appellants, retired employees, were denied IDA increments due to a 12(3) Settlement dated 03.11.2017 between Trade Unions and Management - Settlement excluded those retired before 01.04.2017 - Appellants not parties to the settlement - Court held that the settlement, being unjust and discriminatory, did not bind the appellants - Orders denying IDA increm...
Criminal Law – Circumstantial Evidence – Conviction and Sentencing – Appellant convicted for the murder of his father and nephew and for destruction of evidence – Acquittal of co-accused (appellant’s mother) due to lack of evidence – Conviction based on circumstantial evidence found unreliable – Trial Court’s judgment set aside due to lack of conclus...
Criminal Law – Formation of Unlawful Assembly – Conviction under Sections 143, 147, 148, and 324 read with Section 149 IPC upheld – Appellants’ involvement in group violence following a football match – Evidence established presence and participation in the unlawful assembly [Paras 1-13, 16].
Criminal Law – Culpable Homicide not Amounting to Murder – Co...
Criminal Procedure – Quashing of Proceedings – Loan Repayment Dispute – Petitioners sought quashing of criminal proceedings initiated due to a dispute over loan repayment – Accused allegedly criminally trespassed, abused, and threatened the complainant and her husband – Court found the proceedings manifestly attended with mala fide intentions and instituted to wreak v...
Criminal Law – Quashing of Proceedings – Petition under Section 482 Cr.P.C. for quashing of charge sheet – Allegations of fraudulent inclusion of property Dag Nos. in Power of Attorney – Investigating officer collected evidence showing a prima facie case of forgery – FIR disclosed cognizable offence – Court found criminal proceedings not a mere civil dispute but...
Partition Suit – Ex-Parte Ad-Interim Order – Appeal Against Dismissal of Application for Vacation – Appellant and Respondent No. 2 are Siblings, Dispute Over Family Properties – Consent Decree for Partition Previously Granted – Respondent No. 1 (Daughter of Respondent No. 2) Filed New Suit Suppressing Material Facts – High Court Set Aside Interim Order, Allowed ...
Criminal Law – Acquittal in Rash and Negligent Driving Case – Petitioner’s brother died due to an alleged rash and negligent driving by accused-respondent – Trial court acquitted the respondent, citing major contradictions and lack of conclusive evidence – High Court upholds acquittal, finding no error in trial court’s detailed and reasoned judgment [Paras 1-9]....