Criminal Law – Quashing - Bank Loan Fraud – Diversion of Loan Funds – Further Investigation – Accused company (HCCPL) and its directors alleged to have diverted Rs.15 crore project loan from erstwhile SBT (now SBI) by selling mortgaged properties without bank's consent – CBI initially excluded bank officials from prosecution citing lack of mens rea – Special...
Criminal Law – Quashing - Defamation – Accused were members of Apartment Owners' Adhoc Committee – Petitioners issued a private letter to complainant’s husband expressing concerns over suspicious activities in the flat, based on reports from security staff – Incident of a man jumping from balcony half-naked cited – Husband allegedly used this letter to publi...
Criminal Procedure – Pre-Arrest Bail – Concurrent Jurisdiction – Requirement to Approach Sessions Court First – Petitioner sought anticipatory bail under Section 482 BNSS directly before the High Court without approaching Sessions Court — Held: Though High Court and Sessions Court have concurrent jurisdiction, party must ordinarily approach Sessions Court first &mdash...
Criminal Law – Cheating – Criminal Breach of Trust – Prevention of Corruption – Recruitment fraud in TRC-ICMR – A1 (Administrative Officer) manipulated recruitment process to secure appointment of his son (A2) – Suppressed A2’s ineligibility, leaked question paper, and altered recruitment procedure – Trial Court convicted A1 and A2 under IPC and PC A...
Maintenance – Section 125 CrPC – Wife Residing Separately – Sufficient Cause Established – Wife ousted from matrimonial home due to cruelty and dowry harassment – Trial Court erred in holding she left without cause – Allegations substantiated by her continued attempts at reconciliation and absence of effort by husband to resume cohabitation – Held: Finding...
Criminal Law – Unlawful Assembly – Common Object – Conviction under Section 149 IPC Unsustainable in Absence of Shared Intent – Acquittal Ordered – Appellants convicted along with others for murder under Sections 148, 304 Part I/149 and 323/149 IPC – Trial court applied vicarious liability under Section 149 based on presence at scene – Appellate court held...
Negotiable Instruments Act – Acquittal in Cheque Bounce Case – Appeal Dismissed – Failure to Prove Legally Enforceable Debt – Presumption under Section 139 Not Attracted –
Cheque Dishonour – Alleged Liability – Appellant-complainant filed complaint under Section 138 of the Negotiable Instruments Act alleging dishonour of cheque for ₹24,00,000 issued b...
NDPS Act – Bail – Commercial Quantity – Section 37 Bar – Petitioner arrested with 150 bottles of Codeine-based syrup and found in possession of multiple contrabands at co-accused’s premises – Statement under Section 67 NDPS Act reveals trafficking and delivery role – Trial court framed charges under Sections 8, 8-A, 21(c), 22, 27-A, 29 NDPS Act – Pet...
Preventive Detention – Subjective Satisfaction – Validity – Detention order passed under Section 3(2) of MPDA Act against petitioner for causing public disorder and terror – Petitioner challenged order on grounds that prior offences were stale and relied upon improperly – Held: Detention based solely on two recent FIRs and two in-camera statements demonstrating habitu...
Domestic Violence – Delay in Proceedings – Pendency of Case Since 2018 – Petitioner-wife filed complaint under Section 12 of the DV Act on 06.11.2018 – Despite service of notice on 28.05.2019, respondent failed to appear – Trial proceeded ex parte – Respondent appeared only in January 2021 – Interim maintenance of ₹15,000/month awarded but reduced to ₹...