Maintenance – Section 125 Cr.P.C. – Quantum – Concealment of Income – Revision Dismissed – Revisionist-husband, a company director, challenged Family Court order directing payment of ₹20,000/- p.m. each to wife and daughter – He alleged that maintenance was excessive considering his income of ₹2.4 lakh p.a. – Wife alleged concealment of true income and...
Criminal Law – Anticipatory Bail – Economic Offences – Denial – Petitioner, former TUDA Chairman and Accused No.39 in ₹3200 crore liquor scam, sought anticipatory bail under Section 482 BNSS – Allegations include misuse of government vehicle for transporting unaccounted cash during 2024 General Elections – Held: Prima facie material including toll data and wit...
Warrant of Arrest – BNSS, 2023 – Calcutta HC upholds Magistrate’s order showing petitioner as absconder in municipal forgery case despite his compliance with Section 179 BNSS notice; revision dismissed.
Criminal Procedure – Warrant of Arrest – BNSS, 2023 – Magistrate’s Order – Petitioner shown as absconder in charge-sheet despite compliance with S...
Proclaimed Person – Quashment – BNSS S.528; CrPC S.82(2); NI Act S.138 – Non-service at correct address; cumulative compliance under S.82(2) mandatory – Proclamation dated 21-09-2023 quashed conditionally (surrender by 30-09-2025; Rs 10,000 costs; bail on bonds) – Petition allowed; non-compliance to entail dismissal.
Proclaimed Person—Quashment—Section ...
Negotiable Instruments Act – Section 141 – Vicarious liability – Directors and officers of company – Mere designation as Director insufficient to attract criminal liability under Section 141 – Complaint must contain specific averments showing how and in what manner the accused was in charge of and responsible for the conduct of company’s business – Bald, m...
Criminal Procedure – Cognizance – Section 202(2) CrPC – Requirement to examine “all witnesses” in complaint cases triable exclusively by Sessions Court – Held: The proviso to Section 202(2) is directory and not mandatory – Non-examination of all witnesses by the complainant does not vitiate the order of cognizance if the Magistrate is satisfied that a prim...
Criminal Law – Attempt to Murder – Section 307 IPC – Accused fired two gunshots at complainant over irrigation dispute – Medical and ocular evidence consistent with prosecution version – Defence plea of accidental firing rejected – Held: Prosecution proved guilt beyond reasonable doubt – Knowledge of likelihood of causing death sufficient to attract Sectio...
Criminal Law – Kidnapping for Ransom and Murder – Conviction based on circumstantial and eyewitness evidence – Kidnapping of a 16-year-old schoolboy for ransom of ₹50 lakhs – Victim found murdered by administering chloroform and pentazocine (Fortwin) overdose – Recoveries made at instance of accused – Held: Chain of circumstances complete and consistent only w...
Criminal Law – Dying Declaration – Section 32(1), Evidence Act – Section 162(2), CrPC – Statement of deceased recorded by Head Constable after medical certification of fitness held admissible as dying declaration. There is no mandatory requirement that such declaration must be recorded by a Magistrate or Doctor. What is essential is voluntariness, truth, and fitness of make...
Contempt of Court – Quasi-criminal nature – Standard of proof – Proceedings under the Contempt of Courts Act, 1971 are quasi-criminal in nature and demand the same standard of proof as in criminal trials – Punishment can be imposed only for wilful disobedience proved beyond reasonable doubt – Benefit of doubt must go to the alleged contemnor [Paras 9, 13, 20].
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