Legal Procedure – Challenge of Magistrate’s Order – Applicants, advocates by profession, seek quashing of a Magistrate’s order for preliminary inquiry – Application made under Section 482 Cr.P.C. – High Court finds no illegality in Magistrate’s direction, application dismissed. [Para 2, 16-17]
FIR Registration – Mandate of FIR registration in case...
Regular Bail – Denial of Regular Bail – Petitioner's repeated absconding and non-cooperation in the investigation – Petitioner declared a proclaimed offender twice – Bail application dismissed due to potential obstruction of a fair trial and risk of absconding. [Para 10-14]
Criminal Procedure – Fair Trial and Bail Considerations – Importance of ensuring a...
Cheque Dishonour – Section 138 of the Negotiable Instruments Act – Conviction upheld by the appellate court for dishonour of cheque issued by revision petitioner – Substantive sentence modified to imprisonment till rising of court and fine of Rs. 4 lakh. [Paras 1, 5, 7]
Borrowed Money – Claim of Rs. 4 lakh loan by respondent substantiated with bank statements a...
Criminal Appeal – Conviction under POCSO Act and IPC – Appeal against life imprisonment and fine imposed by the trial court for offenses under Section 376 IPC and Section 6 of the POCSO Act. Appellant convicted for sexually assaulting his daughter. [Paras 2-5]
Evidence and Witness Credibility – Reliability of victim's testimony and corroborating evidence – ...
Anticipatory Bail in Case of Child Custody Dispute - Petitioner granted anticipatory bail in FIR No.64 dated 08.08.2023 under Section 384 IPC for allegedly abducting her children and demanding money. The Court, considering the circumstances and without commenting on the merits of the case, directed the petitioner's release on bail if arrested, subject to bail bonds and compliance with Section ...
Maintenance – Grant of Maintenance under Section 125 of CrPC – Application filed by wife, Smt. Deepa, and minor son, Rohit, for maintenance against husband, Harish – Trial court allowed application, granting monthly maintenance of Rs. 3,000/- to wife and Rs. 4,000/- to son from July 2010 – High Court upheld trial court's decision, dismissing revisions filed by both part...
Anticipatory Bail – Misappropriation of PSPCL Material - Petition for anticipatory bail in offence under Sections 409 and 120-B IPC - alleged misappropriation of materials from PSPCL - Bail denied due to substantial prima facie evidence and need for custodial interrogation. [Paras 1-11]
Investigation and Inquiry Report - Affidavit by Deputy Superintendent of Police and Inquiry R...
Regular Bail – Grant of Bail in NDPS Case – Petitioner Akashdeep Singh seeks regular bail in FIR No.43 for offences under Sections 22 and later Section 29 of the NDPS Act – Petitioner implicated based on co-accused's disclosure, with no recovery from petitioner – Reliance on precedents highlighting grant of bail where accused named only in co-accused’s disclosure ...
Criminal Appeal – Rejection of Certificate under Section 65-B of Evidence Act – Appellant-State challenging High Court’s upholding of Trial Court’s decision – Application under Section 311 Cr.P.C. to recall witness and produce certificate was rejected due to perceived delay – Appeal allowed, orders set aside, application under Section 311 Cr.P.C. granted. [Paras...
Criminal Appeal – Maintenance for Minor Child – Reduction of maintenance from ₹20,000 to ₹7,500 per month by High Court – Family Court’s decision modified without clear reasons – Supreme Court sets aside High Court’s order for lack of detailed reasoning and remands the matter for fresh consideration. [Paras 3, 13-15]
Family Law – Affidavit of Disclo...