Criminal Law – Acquittal of Accused – Appeal against acquittal in a case of alleged murder of Bipin Kumar – Trial Court acquitted the accused based on lack of evidence – High Court upheld the acquittal, finding no compelling reason to interfere with the Trial Court's judgment [Paras 61-63].
Evidence – Sufficiency of Proof – Prosecution failed to establish...
Bail Application – PMLA Provisions – Petitioner sought regular bail under Section 439 Cr.P.C. – Contended absence of scheduled offence linkage and non-completion of scheduled offence investigation – High Court evaluated provisions of PMLA, nature of allegations, and evidence presented – Emphasized stringent conditions under Section 45 PMLA for bail – Recognized ...
Externment Order – Bihar Control of Crimes Act, 1981 – Principles of Natural Justice – Petitioner challenged the externment order dated 22.10.2023 – Contended that notice period was less than 24 hours – High Court found violation of natural justice due to impractical notice period – Highlighted that the petitioner could not be classified as an anti-social elemen...
Second FIR – Prohibition – Petitioner seeks quashing of orders for registering a second FIR based on same transaction – First FIR registered by the bank involving allegations of financial misappropriation – Complaint by third party initiated subsequent proceedings under Section 156(3) Cr.P.C. – Investigating officer had already considered the third party's complai...
Commercial Courts Act – Definition of Commercial Dispute – Partnership Agreement – The appellants contended that the dispute arising out of a Memorandum of Understanding for the reconstitution of a partnership firm should be classified as a "commercial dispute" under Section 2(1)(c) of the Commercial Courts Act, 2015. However, the court held that the MOU related to a fu...
Criminal Procedure – Section 482 of Cr.P.C. – Inspection of Seized Documents – Petition under Section 482 of Cr.P.C. seeking to set aside orders denying inspection and provision of deficient copies of documents seized by the C.B.I. but not relied upon or filed in the court – Trial court dismissed the application for access, stating that only documents in the final report ha...
Criminal Law – Bail Application – Online Fraud – Applicant, in judicial custody for alleged involvement in online fraud, sought bail. It was alleged that the applicant’s bank account was used for fraudulent transactions amounting to Rs. 13,11,900/-. The applicant contended that his account was misused by a friend without his knowledge. The prosecution, however, provided evi...
Criminal Law - Suspension of Sentence Pending Appeal – Conviction Under IPC and MCOC Act – Applicant's Bail Granted – Applicant sought suspension of sentence pending appeal after being convicted by the Special Court for offenses under sections 302 read with 120B IPC, and sections 3(1)(i), 3(2), and 3(4) of the Maharashtra Control of Organized Crime Act (MCOC Act) – Appl...
Defamation Law - Locus Standi of Complainant - "Person Aggrieved" Requirement under Section 199 of Cr.P.C. – The petitioner, the current Speaker of the Tamil Nadu Legislative Assembly, challenged a defamation complaint filed by a member of the AIADMK party. The Court emphasized that defamation complaints under Section 199 require that the complainant be the "person aggrieved&q...
Criminal Law - Interim Bail on Humanitarian Grounds - Medical Emergency of Family Member – The petitioner sought temporary bail, citing his wife’s critical need for spinal surgery requiring his assistance. The Court held that granting interim bail on such humanitarian grounds aligns with the fundamental rights under Article 21, which includes the right to family dignity and the marital...