Custody Dispute of Minor Child – Dispute over the custody of a 14-year-old girl, living since birth with appellants and respondent No.10, against the biological father's claim (respondent No.2) – Appeal against High Court’s order to hand over child to biological father – Issue under parens patriae jurisdiction. [Paras 2-5]
Background and Legal Proceedings – The...
Criminal Procedure – Quashing of Proceedings – The petitioner sought to quash the final report in C.C.No.435 of 2019 concerning alleged offenses under IPC sections 420, 423, 465, 468, 471 read with 120(b). The petitioner, a Sub Registrar, was accused of conspiring in the registration of a fraudulent settlement deed. [Para 1, 2]
Duties of Registering Officers – Analysis of Sect...
Challenge Against Dismissal of Revision Petition - Petitioner challenges the order of the Principal District and Sessions Judge dismissing the criminal revision petition against the trial court's order - Revision petition was against the trial court's dismissal of a complaint for defamation for lack of territorial jurisdiction [Para 1].
Complaint for Defamation Under IPC - Pet...
Theft and Recovery of Bicycles – Petitioners accused of stealing bicycles – Recovery of stolen bicycles from possession of A.1 and A.2 following their arrest – Identified by the original owners in a Test Identification Parade. [Paras 3, 5, 11-17, 20-21]
Conduct of Test Identification Parade – Petitioners’ contention that Test Identification Parade was not...
Criminal Law – Abetment of Suicide – Section 306 of the Indian Penal Code, 1860 – The Supreme Court considered the conviction of the appellant for abetment of suicide under Section 306 IPC. The court thoroughly examined the evidence, including testimonies and forensic reports, to determine whether the elements of the offense were satisfied. [Para 3-44]
Evidence &ndas...
Proclaimed Person And Settlement – Quashing Of Fir – Fir No.310 Dated 07.04.2020 Under Section 174-A Of Ipc In Police Station Htm Hisar, Due To Petitioner Being Declared Proclaimed Person In Section 138 Ni Act Case – Settlement Led To Withdrawal Of The Complaint, Leading To This Quashing Petition. [Para 1, 3]
Facts Of The Case – Dishonoured Cheque And Subsequent Proceedi...
Jurisdictional Error in Order by Principal Sessions Judge – Dismissal of petition for return of seized property (vehicles) under Section 451 of Cr.P.C. by Principal Sessions Judge held as jurisdictionally incorrect – Jurisdiction for such petitions lies with the Jurisdictional Magistrate under MMDR Act and relevant Supreme Court decisions – Application for release of vehicle shou...
Reconsideration of Asian Resurfacing Judgment – Concerning High Court's power in interim order management in criminal and civil cases – Reevaluation of whether automatic vacation of interim orders after six months, directed under Asian Resurfacing, aligns with the principles of justice. [Paras 1-4, 36-37]
Constitutional Law – Powers of Supreme Court under Article...
Criminal Law – Quashing - Preventive Detention – Challenge to Detention Order – validity of a detention order issued under the Maharashtra Prevention of Dangerous Activities Act (MPDA Act) against the petitioner, Nilesh Sunil Pendulkar. The order was challenged on several grounds, including delay in issuance, non-consideration of bail orders, and violation of constitutional right...
Bail Application under Sections 439 of CrPC and 45 of PMLA – Accused, Jayram Vinayak Deshpande, former Sub-Divisional Officer, charged under PMLA for facilitating illegal land conversion and construction within Coastal Regulation Zone-III, aiding in money laundering activities. [Paras 1-4, 12.2]
Proceedings Originated from Environmental Violation – ECIR based on a complain...