Criminal Revision Application – Challenging the order of Additional District & Sessions Judge (1st Court) – Prayer for further investigation after the charge sheet was filed – Examination of the scope of power to order further investigation. [Para 1]
Importance of Fair Investigation – Citing the case of Romila Thapar v. Union of India – Emphasizing fa...
Criminal Application – Compounding of Offence under Section 138 of the Negotiable Instruments Act – Application for compounding rejected by Magistrate – Application made by accused directors of a company for dishonour of a cheque amounting to Rs. 15 lakhs – Appeal against the non-compounding of the offence. [Para 2, 3, 4, 6]
Insolvency Proceedings – Impact on Crimi...
Dowry Death – Bail – Grant of bail to accused No.1 – Allegations of demand for dowry and cruelty leading to suicide of deceased Meghana – Lack of material evidence to establish demand for dowry at the time of marriage – Deceased subjected to physical and mental torture after three months of marriage – Accused allegedly coercing deceased to bring additional dowry...
Criminal Miscellaneous Cases - Quashing of Proceedings - Accused conductors of buses charged under Section 190(2) read with Section 196 of the Motor Vehicles Act, 1988 (MV Act) for wrongfully restraining students from boarding the buses - Alleged violation of standards related to road safety, noise control, and air pollution - Examination of whether conductors can be prosecuted under Section 190(2...
of the arresting authority must be based on pertinent material, and compliance with procedural safeguards is essential to uphold the legality of an arrest. [Para 61-66]
Constitutional Law – Right to Liberty and Fair Procedure – The Court reiterated the constitutional guarantee of individual liberty and the requirement for a fair and transparent procedure in matters of arrest and det...
Criminal Law - Quashing of Order - Money Laundering - Petitioner accused of siphoning Rs. 190 crores - Enforcement Directorate registered case under PMLA - Petitioner seeks quashing of order dismissing application for exemption from personal appearance - Petitioner's counsel argues non-inclusion as accused in initial FIR - Enforcement Directorate later adds petitioner's name through supple...
Bail Application – Rejection of Bail in Money Laundering Case – Petitioner's involvement in alleged primary teacher recruitment scam – Petitioner, previously the President of the West Bengal Board of Primary Education, accused of facilitating illegal appointments – Bail application rejected due to the gravity of the offense and the influential position of the petitioner...
Passport Renewal – The petitioner seeks the renewal of his passport – Passport renewal denied due to pending criminal cases against the petitioner – Reliance placed on Gazette Notification No.G.S.R No.298(E) dated 14.04.1976 – Reference to prior judgments regarding passport renewal in similar cases – Interpretation of the applicability of the Gazette Notification &nda...
Petition for Termination of Pregnancy – Victim aged 16 years seeking termination of pregnancy resulting from rape – Petition filed under POCSO Act and IPC provisions – Pregnancy at 26 weeks and 4 days gestation – Request for DNA identification of fetus tissues for justice. [Para 1.0]
Protection of Minor's Identity – Court directs the anonymization of ...
Enhancement of Maintenance Allowance – Section 127 Cr.P.C. – Petitioner sought enhancement of maintenance allowance previously set at Rs. 5,000 per month. Citing increased living costs and husband's income, petitioner argued for an increase to Rs 12,500 per month. Learned Magistrate enhanced maintenance to Rs 6,500 per month, which was challenged as insufficient. High Court observe...