Digi - Legal Insights
CRIMINAL LAW
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Cognizance was taken in year 2001, that is, much before notification therefore, benefit of Section 197 is not available to Appellants.
CRIMINAL LAW
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For a charge under Section 306 IPC to be sustained, there must be a positive act of instigation or incitement with clear mens rea, having proximate nexus to the act of suicide.
CRIMINAL LAW
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High Court erred in granting protection from arrest, failing to adequately justify its decision and not reflecting an appropriate application of legal principles relevant to case.
CRIMINAL LAW
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Offences under PC Act can be investigated by various agencies, including State, Central, or police agencies, as per Section 17, which requires police officers to have a specific rank.
CRIMINAL LAW
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Orders by Special Court are set aside and Appellate Tribunals decision on Section 26 should also be restored for merits evaluation, as order was not justly considered.
CRIMINAL LAW
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High Court should not have entertained writ petition and if it did, defacto complainant should have been heard.
CRIMINAL LAW
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When Petitioners seek to quash FIR, High Court must assess cases merits rather than dismiss it as infructuous.
CRIMINAL LAW
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Investigative officer is responsible for conducting proper investigation and filing report in accordance with Section 173 of CrPC/Section 193 of BNSS and it warns against high court intervention that could unfairly impose timelines on trials, potentially compromising concept of fair trial.
CRIMINAL LAW
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Order issued by High Court related to bail application is unsustainable in law and has resulted in travesty of justice.
CRIMINAL LAW
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Repeated registration of FIRs aimed to maintain Petitioner No.1 in custody hence, Petitioner No.1 is granted immediate bail due to previously granted anticipatory bail.
CRIMINAL LAW
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Even if allegations in FIR are accepted as true, they do not constitute an offence under SC/ST Act and regarding IPC offences, allegations lack credibility and general nature of claims does not establish Appellants participation in alleged crime hence, criminal prosecution against Appellant is quashed.
CRIMINAL LAW
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Taking into account Appellants age, lack of prior convictions and satisfactory conduct during custody, sentence has been reduced to a fixed term of 25 years of actual imprisonment without remission.
CRIMINAL LAW
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Evidence presented indicates that second Appellant-convict actively participated in crime, supporting conviction under Section 307 of IPC for attempted murder.
CRIMINAL LAW
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Ongoing litigation is burdensome and would disrupt their marital life hence, proceedings of Criminal Case and all proceedings and orders incidental thereto are also quashed.
CRIMINAL LAW
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High Court, reviewing law on paternity under Section 112 of Act, noted that presumption of legitimacy was only applicable if DNA test had not been conducted, which it had, therefore High Court refused to grant maintenance.
CIVIL LAW
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Issue of waqf by user remains unresolved and injunction sought does not fall within Tribunals jurisdiction hence, plaint is rejected and Tribunals order, along with High Courts affirmation, is set aside.
CIVIL LAW
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Public Service Commissions of States must select candidates based solely on qualifications as per Drug Rules, disregarding State Rules on experience, as these additional requirements are deemed ultra vires to Act.
CRIMINAL LAW
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High Courts reliance on witness statements to imply knowledge of second marriage was deemed inadequate, as mere knowledge does not equate to establishing common intention or involvement in marriage procedure.
CRIMINAL LAW
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Impugned order grating bail cannot be upheld due to certain omissions and matter of bail requires reconsideration by competent Court, leaving other arguments for future deliberation.
ARBITRATION
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There is no existence of arbitration agreement and therefore, decision of High Court to appoint an arbitrator requires interference.
Judgement
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