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 &...
Revision under Article 227 against order denying adjournment for expert cross-examination – Challenge against Trial Court’s order dated 16.04.2024 dismissing adjournment application for cross-examining Dr. Jassy Anand (PW-7), a forensic expert engaged to compare signatures/thumb impressions in property transaction documents – Supreme Court previously granted only one opportunity ...
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...
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...
Compassionate Appointment – Rejection of Application – Petitioner’s husband died in 2008 while employed with Food Corporation of India – Petitioner applied for a compassionate appointment soon after but faced rejection and subsequent delays in processing her applications – High Court held that compassionate appointment is not a matter of right but a concession meant t...
Constitutional Law – Right to Life and Personal Liberty – Petitioners, fearing threats from private respondents after marrying against their wishes, seek protection under Article 21 – Court finds it appropriate to provide temporary police protection without adjudication on the merits of the threat perception – Police protection granted for one week, extendable on a day-to-d...
Criminal Procedure – Quashing of FIR – Petition under Section 482 Cr.P.C. to quash FIR for cheating and conspiracy lodged based on allegations of fraudulent misrepresentation by organizers of an education centre regarding the recognition of an educational course – Supreme Court guidelines on quashing FIRs discussed, specifically in the context of misrepresentations about universi...
Criminal Procedure - Requirements for chargesheet - Chargesheet Content Requirements – Criminal Procedure Code (CrPC), 1973 – Review of Legal Standards for Chargesheet Content – Held – A chargesheet must provide sufficient detail of the facts constituting the offense, relevant evidence, and material relied upon by the prosecution. Critiques prior insufficient practices wher...
Sexual Harassment – Internal Complaints Committee (ICC) – Appellant challenged the fact-finding report and second show-cause notice issued by the ICC, leading to his dismissal – Court upheld the ICC's procedures, stating no violation of natural justice principles – ICC's findings treated as those of an inquiry authority under the Vishaka guidelines and subsequent le...
Detention Order and Background – Petitioner, previously involved in three cases under the NDPS Act and various IPC matters, challenges the legality of his detention order – background includes previous acquittal and ongoing trials where the petitioner is either bailed or acquitted [Paras 3-7].
Authority’s Justification – Detaining authority’s order emphasized ongoi...