Writ Petition (Criminal) – Consolidation of FIRs – Petitioner seeking consolidation of multiple FIRs registered in different states – Contention that cases are unrelated and should be consolidated for a fair and speedy trial – Disagreement by Respondents – Examination of pending cases – Decision to consolidate FIRs registered in the State of Madhya Pradesh &ndas...
Custody Dispute - Child's Welfare Paramount - Challenge against High Court's custody order favoring respondent - Matrimonial dispute involving child custody - Importance of child’s welfare as the paramount consideration in such cases [Para 3, 7, 11].
Non-compliance with Court Orders - Appellant failed to comply with the order to hand over the child's custody to respondent - Ch...
Challenge to Legal Validity – Appellants questioned the validity of the High Court's order rejecting their criminal appeal and affirming the Special Judge's order to frame charges under IPC and SC/ST Act. [Para 2]
Admitted Evidence Review – Supreme Court focused on whether the admitted evidence met the necessary ingredients for the charge under Section 3(2)(v) of the SC/ST A...
Conviction for Murder with Common Intention – Appellant Ram Naresh convicted along with others for murder of Ram Kishore under Section 302 read with Section 34 IPC – Appeal challenging the application of Section 34 regarding common intention. [Paras 3-4, 6, 7, 10, 11, 15-16]
Evidence and Eyewitness Testimonies – FIR and testimony of Balram (PW-1) critical – Witnessed ass...
Negotiable Instruments Act – Section 138 – Acquittal of drawer for dishonor of cheque – Appellant’s failure to prove service of legal demand notice crucial for the appeal against acquittal – Requirements under Section 138 NI Act not fulfilled – Appeal dismissed. [Para 1, 5, 20, 26]
Cheque Dishonor – Legal Demand Notice – Importance of pr...
Context of Bail Applications – Bail sought in Case No. VIII/13,13A/DZU/2020 under NDPS Act for possession of psychotropic substances – Applications of Kashmir @ Mausam and Somdutt Singh @ Shivam heard together due to common FIR. [Para 1]
Case History and Arrest Details – Kashmir @ Mausam in custody since October 30, 2020, and Somdutt Singh @ Shivam since April 15, 20...
Bail Application – Narcotic Drugs and Psychotropic Substances Act, 1985 – Regular Bail Denied – Petitioner Somdutt Singh seeking regular bail for offenses under NDPS Act, involved in commercial quantity psychotropic substance trafficking – Bail denied due to substantial evidence against the petitioner including recoveries at his instance and WhatsApp chats linking...
Quashing of Proceedings – Section 482 Cr.P.C. – Petition for quashing complaint under Section 138 of the Negotiable Instruments Act 1881 – Complaint and subsequent summoning order challenged – Petitioner not a signatory to the disputed cheque, issued from a joint account with her husband. [Para 1, 2, 4]
Principal of Liability – Cheque Dishonour – Li...
Anticipatory Bail – Application under Section 438 Cr.P.C. for grant of anticipatory bail in a case involving alleged misappropriation and cheating in a government contract – Petitioners accused of not delivering the agreed quantity of rice, leading to financial loss to the department. [Para 1, 2]
Arbitration Clause – Reliance on an arbitration clause in the contract by petitio...
Maninder Sharma Vs. State Tax Officer, State, Mobile Wing, Jalandhar, Punjab, CRM-M-24033-2021(O&M) Decided on 31.08.2022
Representing Advocates:
Mr. R.S. Rai, Sr. Advocate, with Ms. Eknoor Kaur Sara, Advocate, and Mr. Nimish Chib, Advocate, for the petitioner.
Ms. Ramta K Chaudhary, DAG, Punjab.
Mr. A.P.S. Deol, Sr. Advocate, with Mr. S.S. Deol, Advocate, for the complainant.
...