Quashing of Summoning Order - Non-Executive Independent Directors - The petitioners, being Non-Executive Independent Directors of HDIL, challenged the summoning orders issued against them in relation to dishonoured cheques. The court observed the necessity of proving the day-to-day involvement of these directors in the company's affairs for holding them liable under Section 138 of the NI Act. ...
Witness – Petitioners challenge the order allowing examination of an additional witness, Surinder Pal Singh, in a case of assault – Trial court's decision upheld as the examination of the witness deemed essential for a just decision of the case. [Para 1, 4-6, 16]
Investigation – Role of Investigating Officer and Importance of Witness Testimony – Critique of...
Anticipatory Bail in Economic Offenses – Fraudulent Input Tax Credit Claim – Involvement of Chirag Goel and Chaman Goel in a GST Input Tax Credit fraud of Rs.200 crores – Accused obtained anticipatory bail which was challenged by the Directorate General of GST Intelligence (DGGI) due to the serious nature of the economic offense and the attempt by Chaman Goel to leave the country...
Allegations of Sexual Assault and Subsequent Marriage – FIR against Maksood Ahmad alleging sexual assault under Section 376 IPC – Later marriage between the accused and the prosecutrix post FIR registration and religious conversion of the prosecutrix - Scrutiny of the marriage's validity and motives behind conversion and marriage. [Paras 1-3, 5, 60-62, 64-70, 112]
Lega...
Anticipatory Bail Application - Application under Section 438 Cr.P.C. for anticipatory bail in FIR No. 486/2023 for offences under Sections 354/ 354A/ 354D/509 IPC and Sections 8/12 of POCSO Act - Alleged inappropriate gestures and physical assault by the petitioner towards a minor victim - Petitioner’s contention of false implication and evidence of absence from the crime scene [Paras 1, 2,...
Quashing of FIR – Section 306 IPC – Abetment of Suicide - Application under Article 226 and Section 482 CrPC for quashing FIR alleging abetment of suicide – FIR lodged by deceased's wife against applicant for harassment and pressurizing deceased, leading to his suicide – Allegations in FIR constituting cognizable offence under Section 306 IPC. [Paras 1, 2, 12]
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Criminal Appeal – Bail Application – Misrepresentation and Suppression of Material Facts – Appeal against High Court’s rejection of bail – Appellant’s manipulative practices in filing multiple bail applications and concealing information from the court – Supreme Court’s emphasis on integrity in judicial proceedings. [Para 2, 11-12, 15-16, 18-19, 23]
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Distinction Between Civil and Criminal Disputes – Emphasized the need to differentiate between purely civil disputes and criminal offences – Civil disputes should not be converted into criminal cases – Referenced Sarabjit Kaur v. State of Punjab and Another, (2023) 5 SCC 360 and Indian Oil Corporation v. NEPC India Ltd. and Others, (2006) 6 SCC 736. [Para 2, 3]
Crite...
Criminal Law - Supardari - Factual Background and Claims – Petitioner Menaka, owner of “Sarathy Krishnan” business, challenged the Magistrate's return docket order concerning the seizure of oil from the petitioner's factory – Oil alleged to be non-edible and used for lamp oil, conflicting with the second respondent's claim of it being edible oil – Seizure ...
Vehicle Seizure and Interim Custody Request – Petitioner's vehicle seized for involvement in Crime No. 87 of 2023 under Tamil Nadu Prohibition Act – Petitioner seeks interim custody citing damage risks and financial obligations – Original application rejected by Trial Court [Paras 1-3]
Legal Argument and Opposition – Petitioner claims vehicle misused without her know...