Digi - Legal Insights
CRIMINAL LAW
Details
Lack of independent
evidence renders prosecution unsustainable.
CRIMINAL LAW
Details
Mental harassment and
cruelty are continuing wrongs and justify prosecution.
CRIMINAL LAW
Details
Mere attestation of a
document does not establish abetment to suicide.
CRIMINAL LAW
Details
FIR quashed as WhatsApp messages did not constitute
defamation under IPC or IT Act.
CRIMINAL LAW
Details
FIR quashed due to
delay in lodging the complaint and lack of evidence to substantiate allegations.
CRIMINAL LAW
Details
FIR quashed for want of
prior sanction and procedural irregularities.
CRIMINAL LAW
Details
Allegations vague and
lodged after considerable delay; FIR quashed.
CRIMINAL LAW
Details
Substantial injury
caused to public exchequer; quashing refused.
CRIMINAL LAW
Details
FIR quashed as the
allegations did not disclose inducement or intent to deceive.
CRIMINAL LAW
Details
Dispute predominantly
civil in nature, criminal color given to civil dispute amounts to abuse of
process of law.
CRIMINAL LAW
Details
No misappropriation or
proceeds of crime; hence, prosecution under IPC and PMLA is a misuse of process.
CRIMINAL LAW
Details
Charges quashed due to
non-application of judicial mind while framing charges under Sections 354 and
354C IPC.
SERVICE LAW
Details
Petitioners have failed to comply with previous judicial directives, including two undertakings regarding Respondent No.1s status, indicating willful defiance of Court orders.
CRIMINAL LAW
Details
Once foundational facts
are proved, the burden shifts to the accused to rebut the presumption under
Section 29 of the POCSO Act.
CRIMINAL LAW
Details
Petitioners did not intentionally aid or conspire to cause suicide and continuing prosecution would constitute an abuse of legal process hence, impugned FIR registered of alleged offences set aside.
CRIMINAL LAW
Details
The presumption under
Section 29 of the POCSO Act is triggered only when the prosecution establishes
foundational facts beyond a reasonable doubt.
CRIMINAL LAW
Details
Statutory powers of attachment must be exercised with due process and cannot overwrite constitutional protection to property without fair opportunity of being heard.
CRIMINAL LAW
Details
Prosecution failed to
establish foundational facts beyond reasonable doubt; conviction set aside.
CRIMINAL LAW
Details
Considering circumstantial evidence, combined with severity of Applicants alleged role, does not warrant bail, as conditions of Section 37 of Act are not met.
CRIMINAL LAW
Details
Prosecution failed to
follow proper seizure and search procedures; conviction set aside.