Digi - Legal Insights

Transfer to open prison rightly denied where Selection Committee found prisoner ineligible under Rules 4(II)(d) and (n); no violation of natural justice.

Detention order quashed where Detaining Authority failed to show subjective satisfaction and relied on stale offences and unverified confidential statements; no material to establish disturbance to public order.

Detention order quashed where stale offences since 2021 and absence of recent C.A. reports fail to establish disturbance to public order; identical witness statements held insufficient.

Detention order vitiated due to non-supply of medical experts opinion on C.A. reports; violation of Article 22(5) of Constitution.

Detention under MPDA Act quashed where material shows only law and order issue and lacks grounds to classify detenu as dangerous person or bootlegger.

Detention under MPDA Act set aside where material discloses only law and order issue and not disturbance to public order.

Though Advisory Board had approved detention of Petitioner, there was no material before detaining authority to categorize Petitioner as a dangerous person or bootlegger, detention order set aside.

Though Advisory Board had approved detention of Petitioner, yet there was no material before Detaining Authority to categorize Petitioner as a dangerous person or bootlegger, detention order set aside.

Though petitioner is detained as a bootlegger for recent offences about bootlegging but detaining authority considered stale offences and unverified confidential statements, Detention order under MPDA held vitiated.

Illegal gratification not proved-Conviction set aside as prosecution failed to establish demand of illegal gratification; benefit of doubt extended to accused.

Pre-arrest bail denied-Prima facie case made out and custodial interrogation justified due to applicants influential position and apprehension of evading justice.

Pending criminal revision does not bar issuance of passport where case falls under Section 6(2)(f) of Passport Act-Authority obligated to consider request as per statutory provision and Government notification.

Interim compensation-Petition against interim compensation dismissed where cheques not issued for discharge of legally enforceable debt or liability under Section 138 NI Act.

Accused discharged where invocation of offences based on confessional statements and WhatsApp chats lacks legal admissibility and fails to justify framing of charge.

Conviction upheld-Failure of accused to explain injuries sustained by deceased while both were together is a strong incriminating circumstance.

Conviction set aside where prosecution failed to prove conspiracy and concealment beyond reasonable doubt; recovery evidence unreliable and safeguards for confession not followed.

Conviction for murder and illegal use of firearm set aside due to inconsistent circumstantial evidence; conviction under Section 201 IPC sustained.

Conviction under Sections 302 and 34 IPC set aside where prosecution evidence was doubtful, investigation unfair, and corroboration lacking.

Issuance of process-Process under Section 394(1)(e)(i) of MMC Act quashed where no material showed that any “trade” was being conducted by company.

Violation of consent, record, and place-of-termination requirements attracts Section 312 IPC unless procedure is done in good faith to save life.