Criminal Law – Dishonor of Cheque – Cheques issued as security under employment contracts – Petitioners sought quashing of criminal proceedings under Section 138 of the Negotiable Instruments Act, arguing no subsisting legal debt or liability at the time of the cheque issuance – High Court held proceedings should continue as the question of the validity of contracts and enf...
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 ...
Motor Accident Claim – Appeal against dismissal of claim for compensation – Appellant challenged the Tribunal’s finding that failed to prove involvement of the alleged offending vehicle in the accident – Evidence primarily relied upon the statement of one Sanjay, who noted the vehicle’s number days after the accident but was not examined in court – Tribunal crit...
Criminal Law – Bail Application – Applicant accused in connection with Delhi riots involving murder and multiple felonies – Bail sought under Section 439 CrPC after being implicated in the murder and riots as part of a violent mob based on eyewitness and police testimonies – Charges under multiple sections of IPC including murder, rioting, and destruction of property &ndash...
Criminal Procedure – Transfer of Investigation – Allegations of improper handling of a severe assault case – Petitioner’s son was attacked and sustained severe head injuries; initial charges under Section 307 IPC only; no charges under Section 326 IPC for grievous hurt by dangerous weapons – Justice Sengupta ordered the transfer of the case to the Anti Rowdy Section o...
Bail Application – Narcotic Drugs and Psychotropic Substances (NDPS) Act – Application under Section 439 of the Cr.P.C. for regular bail in case registered under various sections of the NDPS Act, involving the recovery of 230 kg of poppy husk – Petitioner neither driver nor owner of the truck; co-accused granted bail – Prolonged incarceration without charge framing or witne...
Criminal Law – Proper Use of Section 319 Cr.P.C. – Appeal against High Court’s refusal to quash summoning orders for the appellants to face trial under Section 302 IPC – The trial court summoned the appellants based on an ambiguous witness testimony, despite their names not being included in the final chargesheet post-investigation – The appellants were originally imp...
Criminal Law – Bail application – Regular bail granted based on parity with co-accused who was previously granted bail – FIR involved charges under various sections of IPC and CGST Act related to economic offenses including evasion of tax and forgery – Previous judgments emphasized that bail is the rule and jail the exception, stressing the importance of fair trial and libe...
Property Law – Validity of Gift Deeds – Prior Execution – The case involved multiple appeals and cross-objections arising from disputes over two gift deeds executed by Raj Kishan. The first gift deed, dated 01.09.1997, favored Raj Pal, while the second, dated 14.10.1997, favored Raj Kishan's five daughters. The court held that the earlier executed gift deed took precedence un...
Criminal Law – Quashing of Second FIR – Criminal Miscellaneous Application – Quashing of the orders dated 05.03.2016 passed by the learned 5th Additional Sessions Judge, Saran at Chhapra, and the order dated 21.01.2015 passed by the learned Chief Judicial Magistrate, Saran at Chhapra, directing the lodging of a second FIR in connection with Chhapra Town P.S. Case No. 52 of 2013 &...