Digi - Legal Insights
CRIMINAL LAW
Details
Detention order
vitiated due to non-supply of medical experts opinion on C.A. reports;
violation of Article 22(5) of Constitution.
CRIMINAL LAW
Details
Detention under MPDA
Act quashed where material shows only law and order issue and lacks grounds to
classify detenu as dangerous person or bootlegger.
CRIMINAL LAW
Details
Detention under MPDA
Act set aside where material discloses only law and order issue and not
disturbance to public order.
CRIMINAL LAW
Details
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.
CRIMINAL LAW
Details
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.
CRIMINAL LAW
Details
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.
CRIMINAL LAW
Details
Illegal gratification
not proved-Conviction set aside as prosecution failed to establish demand of
illegal gratification; benefit of doubt extended to accused.
CRIMINAL LAW
Details
Pre-arrest bail denied-Prima
facie case made out and custodial interrogation justified due to applicants
influential position and apprehension of evading justice.
CRIMINAL LAW
Details
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.
NEGOTIABLE INSTRUMENTS
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Interim compensation-Petition
against interim compensation dismissed where cheques not issued for discharge
of legally enforceable debt or liability under Section 138 NI Act.
CRIMINAL LAW
Details
Accused discharged
where invocation of offences based on confessional statements and WhatsApp
chats lacks legal admissibility and fails to justify framing of charge.
CRIMINAL LAW
Details
Conviction upheld-Failure
of accused to explain injuries sustained by deceased while both were together
is a strong incriminating circumstance.
CRIMINAL LAW
Details
Conviction set aside
where prosecution failed to prove conspiracy and concealment beyond reasonable
doubt; recovery evidence unreliable and safeguards for confession not followed.
CRIMINAL LAW
Details
Conviction for murder
and illegal use of firearm set aside due to inconsistent circumstantial
evidence; conviction under Section 201 IPC sustained.
CRIMINAL LAW
Details
Conviction under
Sections 302 and 34 IPC set aside where prosecution evidence was doubtful,
investigation unfair, and corroboration lacking.
CRIMINAL LAW
Details
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.
CRIMINAL LAW
Details
Violation of consent,
record, and place-of-termination requirements attracts Section 312 IPC unless
procedure is done in good faith to save life.
CRIMINAL LAW
Details
Wife with no permanent
income but receiving honorarium entitled to maintenance; husband earning
pension and income from medical practice -Maintenance granted by Revisional
Court held just and proper.
CRIMINAL LAW
Details
Interim maintenance of Rs. 1,000/ month to child upheld where petitioner admitted marriage and brief cohabitation; no illegality in Trial Courts order under Section 125 CrPC.
CRIMINAL LAW
Details
Where station diary
showed due compliance and arrest was made after preliminary inquiry and within
24 hours, no violation of statutory or constitutional rights found.