Arrest and Remand Justification - Petitioner's arrest under Section 19 of PMLA, justified based on incriminating evidence collected during investigation, including witness statements, approvers’ testimonies, digital evidence, and financial transactions indicating involvement in the Delhi Excise Policy 2021-22 scam and subsequent laundering of proceeds from this policy [Paras 45-78, 104-1...
Family Law – Maintenance – Enhancement and Cancellation – Criminal Revision against Family Court order –
Maintenance to Wife and Son – Section 125 of Cr.P.C. – Challenge by Husband – Allegation of Suppression of Employment – Wife employed in private service earning Rs. 12,000 to Rs. 15,000 per month – Family Court rejected husband&...
Criminal Law – Unlawful Detention and Bail - Illegal Detention – Detention beyond 24 hours without justification – Petitioner detained for 13 hours beyond statutory limit – Contradictory affidavits from respondents explaining delay – Justifications for delay found to be prima facie unconvincing and an afterthought – Court emphasized the importance of prompt prod...
Medical Negligence and Criminal Intimidation – Charges against Dr. Punam Sinha for allegedly leaving surgical materials inside the complainant post-operation, leading to further health complications and additional surgeries – Initial complaint led to no action, escalating to a criminal intimidation charge when the complainant was threatened by the accused [Paras 2, 2.1, 13].
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Recovery of Arrears of Maintenance – Enforcement against Deceased's Estate – Criminal Revision Petition challenging the first appellate court's decision to allow recovery of maintenance arrears from deceased's assets – Trial court dismissed maintenance enforcement against deceased – Appellate court allowed recovery from deceased’s assets, including service...
Section 138 of the Negotiable Instruments Act (N.I. Act) – Petitioner challenges the judgment and order of conviction and sentencing by the lower courts – Petitioner alleged to have borrowed a sum of Rs. 8,00,000/- from the complainant and issued three cheques which were dishonored – Trial court convicted the petitioner, and the appellate court affirmed the judgment – Petit...
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 ...
Quashing of Summons and Warrants – Private Limited Company and Directors as Accused – Accused challenge summons and consequential warrants issued for offense under Section 138 of the Negotiable Instruments Act, 1881 – High Court quashes summons and warrants, directs fresh enquiry under Section 202 Cr.P.C. [Para 1-10]
Applicability of Section 202 Cr.P.C. in Negotiable Instrumen...
Proclaimed Offender – Quashing of Proclamation Order – Petition under Section 482 Cr.P.C. for quashing of order declaring petitioner as proclaimed person in Negotiable Instruments Act case – Petitioner’s absence at trial led to proclamation – Impugned order set aside due to non-compliance with mandatory conditions of Section 82 (2) Cr.P.C. and lack of recorded satisfa...
Bail Application – Regular Bail under Section 439 Cr.PC – Petitioner charged under Section 22/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Recovery of contraband – Allegation of non-compliance with Sections 42 and 50 of the NDPS Act – Petitioner's claim of false implication – First-time offender – Lengthy custody period – R...