Suspension of Conviction – Application under Section 389(1) read with Section 482 of the Code of Criminal Procedure, 1973 – Applicant seeking suspension of order of conviction dated 06.10.2020 – Applicant convicted for offences under Sections 120B/409/420 of IPC and Section 13(1)©/13(1)(d) of Prevention of Corruption Act, 1988 – Applicant sentenced to undergo 3 years i...
Petitioners Challenge to Trial Court Order – Dismissal of application under Section 311 Cr.P.C. for recalling petitioner as witness in complaints under Section 138 NI Act – Petitioner sought to introduce previous court pleadings and documents related to the accused – Application dismissed by Trial Court [Paras 1, 12-13, 31].
Section 482 of Cr.P.C. challenging the Trial Court&r...
Bail Application – Murder Case – Consideration of Regular Bail – Petitioner charged under Section 302 IPC – Allegation of petitioner causing death of his infant child – Complainant, wife of the petitioner, turns hostile – Landlord, another prosecution witness, also turns hostile – Prosecution fails to establish guilt beyond reasonable doubt – Burden ...
Arrest and Remand Justification - Petitioner's arrest under Section 19 of PMLA, justified based on incriminating evidence collected during investigation, including witness statements, approvers’ testimonies, digital evidence, and financial transactions indicating involvement in the Delhi Excise Policy 2021-22 scam and subsequent laundering of proceeds from this policy [Paras 45-78, 104-1...
Family Law – Maintenance – Enhancement and Cancellation – Criminal Revision against Family Court order –
Maintenance to Wife and Son – Section 125 of Cr.P.C. – Challenge by Husband – Allegation of Suppression of Employment – Wife employed in private service earning Rs. 12,000 to Rs. 15,000 per month – Family Court rejected husband&...
Criminal Law – Unlawful Detention and Bail - Illegal Detention – Detention beyond 24 hours without justification – Petitioner detained for 13 hours beyond statutory limit – Contradictory affidavits from respondents explaining delay – Justifications for delay found to be prima facie unconvincing and an afterthought – Court emphasized the importance of prompt prod...
Medical Negligence and Criminal Intimidation – Charges against Dr. Punam Sinha for allegedly leaving surgical materials inside the complainant post-operation, leading to further health complications and additional surgeries – Initial complaint led to no action, escalating to a criminal intimidation charge when the complainant was threatened by the accused [Paras 2, 2.1, 13].
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Recovery of Arrears of Maintenance – Enforcement against Deceased's Estate – Criminal Revision Petition challenging the first appellate court's decision to allow recovery of maintenance arrears from deceased's assets – Trial court dismissed maintenance enforcement against deceased – Appellate court allowed recovery from deceased’s assets, including service...
Section 138 of the Negotiable Instruments Act (N.I. Act) – Petitioner challenges the judgment and order of conviction and sentencing by the lower courts – Petitioner alleged to have borrowed a sum of Rs. 8,00,000/- from the complainant and issued three cheques which were dishonored – Trial court convicted the petitioner, and the appellate court affirmed the judgment – Petit...
Defamation and Proceedings – Revision against orders of lower courts in defamation proceedings initiated by Dr. Barnali Chattopadhyay against Dr. Sima Banerjee for alleged defamatory remarks made during a televised interview – Analyzed whether statements made fall within exceptions provided under Section 499 IPC, and whether there is intent to harm reputation as required under Section ...