Criminal Procedure – Proclaimed Person vs. Proclaimed Offender – Section 82(4) CrPC – NDPS Offences – Petitioner granted bail in NDPS case, failed to appear on one date due to miscommunication, bail cancelled, non-bailable warrants issued, proclamation effected on 13.02.2025 and petitioner declared proclaimed offender on 17.03.2025 – Held: Declaration as proclaimed of...
Criminal Law – Murder – Section 302 IPC altered to Section 304 Part II IPC – Remand Ordered – Appellant convicted for murder committed on 28.10.2000 – Sessions court awarded life imprisonment – High Court on appeal, after 21 years, altered conviction to Section 304 Part II IPC with 5 years rigorous imprisonment through amicus curiae appointed in the absence of a...
Criminal Law – Murder – Acquittal – Accidental Death vs. Homicidal Death – Appellants convicted for allegedly running a tractor over the deceased with an intention to kill at the instance of co-accused – The deceased was admitted to the District Hospital as an accidental injury case and the hospital communication to police also mentioned it as an accidental injury &nd...
Companies Act – Appointment of Woman Director – Section 149 – Compliance – Triable Issue – Petitioner company alleged to have violated Section 149 of the Companies Act, 2013 by failing to appoint a woman director within the prescribed period ending 31st March, 2015 – Petitioners claimed appointment of Ms. Kirti Sanghavi as woman director by Board resolution date...
Criminal Proceedings – Quashing under Section 482 CrPC – Allegations of manufacturing and selling goods by misusing established brand identity – FIR and charge-sheet disclose prima facie offences of cheating, forgery and deception – High Court declined to quash proceedings holding that disputed facts require trial and continuation of prosecution not an abuse of process [Par...
Bail – Prostitution – PIT Act – Sections 3, 4 and 5 – Accused No. 2 arrested during a raid at a flat in KPHB Colony where prostitution was allegedly being organised by the main accused – Petitioner alleged to be a sub-organizer acting as mediator for customers – Petitioner claimed she visited the premises only to collect money due in connection with her chit fun...
Crininal Law – Murder – Exception 4 to Section 300 IPC – Culpable Honicide Not Anounting to Murder – Sudden Fight – Appellants convicted under Sections 302/34 IPC for death of deceased caused by axe blow to the head during a dispute over stone-pelting on the previous night – Counter-case lodged by accused against deceased on the same day, and evidence of accused...
Criminal Law – Challenge to Remand Order - Production before Magistrate – Article 22(2) – Accused to be produced within 24 hours excluding travel time – Minor delay of 25 minutes beyond 24 hours explained by circumstances – Held: Not fatal and does not vitiate remand [Paras 8, 9, 10]
Arrest – Computation of 24 Hours – Time to be reckoned from official a...
Criminal Law – Copyright Infringement – Sections 63, 65, 65A, Copyright Act, 1957 – Quashing of Proceedings – Non-Application of Mind – Appellant, a National Award-winning film director, directed 'Kahaani-2' released on 02.12.2016 – Complainant alleged that appellant had stolen his script 'Sabak', registered on 31.07.2015, and used it in the film...
Preventive Detention – Public Safety Act – Law and Order vis-à-vis Public Order – Bovine Smuggling – Petitioner detained under Section 8(1)(a) of the J&K Public Safety Act by order dated 11.07.2025 on the basis of two FIRs and three unverified Daily Diary Entries alleging habitual bovine smuggling – One FIR already disposed of and the other (FIR No. 0049/20...