Criminal Law - Bail Application - Compliance with Statutory Provisions - NDPS Act: Application for regular bail under Section 439 CrPC - Allegation of non-compliance with Sections 42 and 50 of the NDPS Act in the search and seizure process - Held, the Sub-Inspector duly sent the information to his superior officer as required by Section 42(2) NDPS Act - The contention that the officer who conveyed...
Criminal Law – Appeal against Acquittal – Narcotic Possession – Respondent acquitted of possessing 900 grams of charas by trial court – High Court dismisses State’s appeal due to lack of compelling evidence and procedural flaws in the investigation – Critical emphasis on the reliability of witness testimonies and adherence to legal procedures – Significant...
Criminal Law – Quashing of Proceedings – Petitioners sought to quash the order of the Judicial Magistrate, Jamshedpur, directing police investigation under Section 156(3) Cr.P.C. and the subsequent criminal proceedings – Dispute arising from termination of a contract and allegations of non-payment and withholding of machinery – Held: Dispute is civil in nature, arising from...
Criminal Law – Conviction Reversal – Evidence Analysis: Appeal against conviction for assault causing death under Section 304 Part II IPC – Trial court convicted appellant based on testimonies and medical evidence – High Court finds inconsistencies in prosecution evidence and lack of explanation for gaps in medical treatment – Judgment and sentence set aside [Paras 1-...
Criminal Law - Corporate Criminal Liability - Vicarious Liability - Vicarious Liability and Role of Bank in Criminal Complaint – Complaint filed against petitioner, Recovery Manager of HDFC Bank, alleging misappropriation and damage of a machine taken into possession by the bank – Bank not arrayed as accused – Held, vicarious liability, if any, is of the bank, which is not a...
Criminal Law - Parole Application - Procedure and Timelines- Parole and Furlough - Procedure and Timelines – Petition for parole under Section 3(1)(b) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 – Petitioner a life convict seeking release for house repair and agricultural purposes – Allegations of procedural delays by jail authorities – Directions is...
Criminal Law - NDPS Act - Appeal Against Conviction - Joint Consent Memo - Joint Possession
Criminal Procedure - Notice under Section 50 of NDPS Act - Joint Offer and Consent – Appeal against conviction under Section 15 of NDPS Act – Accused and co-accused were apprehended together and given a joint offer under Section 50 – Joint consent memo prepared – Co-accused acquit...
Indian Penal Code, 1860 - Sections 302, 307, 506, 148, 149 - Conviction - Complainant party alleged accused of committing murder - Medical evidence indicated a 12 bore shot fired from close range, contradicting the complainant's version of indiscriminate firing from a distance - Held, the medical evidence did not support the ocular version of the complainant and eyewitnesses - Conviction set a...
Criminal Law – Negotiable Instruments Act – Vicarious Liability of Directors – Ex-Director Liability – Petitioner resigned prior to issuance of disputed cheque – Form No. 32 and annual return showed resignation – Held, Magistrate not justified in summoning petitioner without specific averments in the complaint regarding his role in conduct of company’s bus...
Criminal Law – Prevention of Corruption Act – Mandatory Sanction – Competent Authority’s Refusal – Petitioner’s sanction for prosecution refused twice while in service – Post-retirement prosecution without sanction held invalid – Court's cognizance taken without valid sanction not as per law – Charges framed against petitioner set aside. [P...