Bail Application under Section 439 CrPC - Petitioner seeking bail in connection with FIR under Sections 22(C) and 27-A/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) - Petitioner not found in possession of contraband, implicated based on disclosure statement of co-accused - Interim bail previously granted by Coordinate Bench - Prosecution relying on disclosure stateme...
Criminal Revision – Discharge application under Section 376 IPC – Appellant challenges order rejecting discharge – Victim and accused were in a consensual relationship for several years – Victim was major at the time of the alleged incidents – Accused allegedly allured her to marry and established physical relations – Victim got divorced from her former husband ...
Criminal Law - Framing of Charges - Petition seeking to set aside the order on charge - Charges framed against the Revisionist under various sections of the IPC - Allegation of beating leading to the death of the deceased - Disputed facts and varying statements by witnesses - Defense argument based on the lack of intent to cause severe bodily injury - Citing precedent cases to support the contenti...
Essential Pre-requisites under Section 138 of NI Act: Referring to a prior judgment, the Court reiterated the importance of certain dates to be clear in the complaint for making out an offence under Section 138, NI Act. Such dates include the date on the cheque, date of deposit, date of bank’s notice concerning bouncing, date of notice by the drawee/payee to the drawer, date of notice receip...
Criminal Law – Rape and Cheating – Appeal against conviction for rape under false promise of marriage – Initial conviction for offenses under Section 376 (rape) and 417 (cheating) of IPC by the Sessions Court – High Court scrutinizes evidence and previous relationships, focusing on consensual aspects of the relationship and prior marital status of the complainant – Fi...
Bail – Grant of Bail – Conditions Imposed – Petitioner seeks bail under Section 439 CrPC in connection with FIR No. 932 dated 04.06.2023, alleging corruption and other offences – Petitioner agrees to maintain only one mobile number and contends that further pre-trial incarceration would cause irreversible injustice – State opposes bail – Court grants bail subjec...
Transfer Petition – Section 13(1)(ia)(ib) of the Hindu Marriage Act – Petition for the transfer of the case filed by the respondent-husband under the Hindu Marriage Act from the Family Court, Bathinda to the competent Court of jurisdiction at Dabwali, District Sirsa – Reliance on previous orders and judgments emphasizing the convenience of female litigants in matrimonial disputes...
Criminal Appeal – Conviction under Section 377 IPC and Section 6 of the POCSO Act – Accused convicted by the trial court – Appeal filed against the judgment of conviction and order of sentence – Appellant alleges false implication and raises doubts about the prosecution's version – Discrepancies in statements and lack of medical evidence discussed. [Para 6]
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Criminal Procedure – Right to Documents Post Discharge – Accused, discharged by investigating authorities and Internal Complaint Committee, seeks access to documents including the closure report and other investigative materials to participate effectively in the protest petition hearing – Supreme Court precedents and legal principles on the entitlement of an accused to such docum...
Bail Application - Regular bail sought under Section 439 Cr.P.C. in a case involving charges under Sections 302, 34 of the IPC - Custody certificate filed - FIR based on the complaint of the deceased's brother alleging assault by the petitioner and others - Complainant's statement primarily based on hearsay - Petitioner in custody since January 16, 2023 - Material witness (complainant) alr...