Criminal Law – Prevention of Corruption – Demand and Acceptance of Bribe – Appeal against conviction under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 – Appellant, a storekeeper in the ESI Department, was accused of demanding ₹1000 as a bribe for supplying a Botex injection prescribed by NIMHANS hospital to the complainant – Prosecution relied on ...
Criminal Law – Application for Cancellation of Bail – Dowry Prohibition and Cruelty Allegations – Bail granted to husband under Sections 498A/34 IPC and 3/4 Dowry Prohibition Act – Alleged violations of mediation agreement by husband – No sufficient grounds to cancel bail based on non-compliance of compromise terms – Legal precedent holds that non-compliance wit...
Criminal Law – Quashing of Proceedings – Section 452 of the Companies Act, 2013 – Petition for quashing of proceedings initiated by Lexus Exports Private Limited against the petitioner under Section 452 for wrongful withholding of company property, including vehicles and electronic items, amidst matrimonial disputes – Petitioner argued that she was residing in the matrimoni...
Criminal Law – Investigation by CBI – Death in Suspicious Circumstances – The appellants, family members of the deceased, challenged the closure of the investigation which treated the death as a suicide. They alleged bias and influence by respondent no. 7, the deceased’s husband, a senior judicial officer. The post-mortem report showed six ante-mortem injuries, raising susp...
Criminal Law – Appeal Against Conviction for Murder – Sections 302 and 364 IPC – Reversal of Trial Court’s Conviction by High Court – Inconsistencies in Prosecution Evidence – Appeal against the judgment of conviction by the III Additional District and Sessions Judge Coimbatore under Sections 302 and 364 of IPC – Accused was convicted for the murder of the...
Criminal Law – Discharge Application Rejection Upheld – High Court of Gujarat’s dismissal of Criminal Revision Application (CRA No. 783 of 2017) upheld by Supreme Court – Allegation of criminal conspiracy involving customs officials and wrongful clearance of goods into the Indian market by the appellant-company leading to wrongful loss to the government – Immunity gra...
Look-Out Circular (LOC) – Legality – Economic Offence – Petitioner challenged the issuance of an LOC by the ED, contending that he had fully cooperated with the investigation and had been granted anticipatory bail without any travel restrictions – The court held that none of the grounds for continuing the LOC, such as the petitioner being a flight risk or evading trial, wer...
Quashing of Criminal Proceedings – Validity of Charges – Petitioners challenged the charge-sheet and criminal proceedings initiated under the Prohibition of Child Marriage Act and POCSO Act – Evidence presented indicated the victim was of legal age at the time of marriage – FIR alleged child marriage based on hearsay without verifying facts – Continuation of proceedin...
Criminal Law – Bail – NDPS Act – Petition for regular bail under Section 439 Cr.P.C. – Recovery of 295 grams of heroin not effected from the petitioner – Petitioner arrested based on the disclosure statement of co-accused – Recovery from petitioner is 35 grams, less than the commercial quantity of 250 grams – Co-accused already granted regular bail –...
Criminal Procedure – Default Bail – Prosecution's Failure to File Challan – Revision petition against denial of default bail under Section 167(2) Cr.P.C. and Section 36A(4) NDPS Act – Petitioner arrested with 1 kg 800 grams of charas – Investigation not completed within 180 days – Extension of 90 days granted but later set aside – Petitioner entitled t...