Muslim Law – Maintenance and Stridhan – Overlapping claims under Section 125 Cr.P.C. and Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 concerning maintenance and dowry-like gifts – Conflicting judgments in concurrent proceedings leading to multiple claims by the wife for maintenance and dowry return – High Court, applying Supreme Court guidelines...
Quashing of FIR – Freedom of Speech and Religion – Petitioner sought to quash FIR for alleged offence under Section 295A IPC involving religious figures – FIR based on petitioner’s discourse about Sant Kabir Das and Guru Ravidas – Examination of discourse and historical texts reveals no malice or intent to insult religious beliefs – FIR and consequential proceed...
Bail Petitions in FIR No.437 – Assault and Robbery – Petitions filed under Section 439 Cr.P.C. for grant of regular bail in FIR No.437 registered under Sections 147, 149, 323, 307, 365, 379-B, 427, 506, 120-B IPC, and Section 25 of Arms Act. [Para 1]
FIR Details – Assault and Snatching Incident – FIR based on a complaint by Sohail, alleging assault by 20-30 per...
Quashing - Family Dispute and Criminal Proceedings – The petitioner, a professional doctor, faces charges under Section 498A IPC, based on allegations by his wife of mental torture and threats – Court observes the allegations are general and do not specifically contribute to the ingredients of cruelty as defined under the law – Proceedings perceived as part of a longer matrimonia...
Criminal Appeal – Modification of Conviction – Appellant convicted under Section 302 IPC for murder, sentenced to life imprisonment and fine – Appeal for converting conviction to Section 304 Part-I IPC based on facts and circumstances. [Para 1, 3, 4]
Dispute and Incident Description – Dispute over right of way leading to altercation and shooting – Appella...
Quashing of FIR – Compromise Between Parties: Application for quashing FIR. Settlement between original complainant, relatives of the deceased, and accused, leading to withdrawal of allegations. [Para 1, 3]
Jurisprudence on Quashing Proceedings: Reference to judicial precedents for quashing proceedings in private disputes after settlement, even in cases of non-compoundable offences. [Para...
Criminal Procedure – Quashing of Proceedings – Alleged involvement in stolen vehicle case – Petitioner named Avishek Singhal implicated on basis of co-accused’s statement in Mirik Police Station Case No. 58/09 dated 08.08.2009 under Sections 411, 413, 414, 468, 471 IPC – High Court finds no substantive evidence corroborating the co-accused’s statement or connect...
Electricity Theft - Revisional Application for Quashing – Petitioner, owner of premises rented to a nursing home, charged under Section 135(1)(b)&(c) of the Electricity Act for alleged electricity theft through meter tampering – High Court dismisses application, emphasizing trial to ascertain veracity of allegations – Highlights petitioner’s continued role as consumer f...
Anticipatory Bail Application – Allegation of sexual assault on a minor – Petitioner seeks anticipatory bail under Section 438 of the Code of Criminal Procedure – Prosecution alleges offenses under Sections 363, 370(4), 376(1) of IPC and Section 4 read with Section 3 of the POCSO Act – Allegation is that petitioner sexually assaulted a minor girl, promising marriage –...
Conviction Under NDPS Act: Petitioner convicted and sentenced under Sections 8/15(c) of NDPS Act; challenges conviction citing procedural irregularities and incorrect legal interpretation by the trial court - [Para 1].
Contention on Seizing Officer's Authority: Petitioner argues non-compliance with Section 42 of NDPS Act; seizing officer not authorized as S.H.O., thus rendering the search a...