Digi - Legal Insights
CRIMINAL LAW
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Charges quashed due to
non-application of judicial mind while framing charges under Sections 354 and
354C IPC.
SERVICE LAW
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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
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Once foundational facts
are proved, the burden shifts to the accused to rebut the presumption under
Section 29 of the POCSO Act.
CRIMINAL LAW
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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
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The presumption under
Section 29 of the POCSO Act is triggered only when the prosecution establishes
foundational facts beyond a reasonable doubt.
CRIMINAL LAW
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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
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Prosecution failed to
establish foundational facts beyond reasonable doubt; conviction set aside.
CRIMINAL LAW
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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
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Prosecution failed to
follow proper seizure and search procedures; conviction set aside.
CRIMINAL LAW
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Unexplained delay between Detaining Authoritys receipt of representation and subsequent comments sent to State Government violates constitutional mandate outlined in Article 22 (5) of Constitution, thereby invalidating detention order.
CRIMINAL LAW
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Given significant sums involved and number of victims, custodial interrogation is deemed essential and granting anticipatory bail could impede investigation.
CRIMINAL LAW
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As Petitioner did not raise objections about illegal arrest during initial remand, leading to conclusion that if procedural infringement existed, it could be addressed through compensation or accountability measures without disrupting ongoing trial.
CRIMINAL LAW
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If evidence presented does not convincingly prove Appellants guilt, impugned Judgment convicting and sentencing Appellant set-aside and Appellant is acquitted from all charges.
CRIMINAL LAW
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If interim moratorium under Section 96[1][a] of Code was initiated, but there is no record of subsequent events then, Respondents are not entitled to protection from this moratorium issued by NCLT Kolkata.
CRIMINAL LAW
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Court declines to invalidate arrest or remand orders, emphasizing importance of adhering to constitutional mandates while acknowledging the need for judicial restraint regarding past proceedings.
CRIMINAL LAW
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Application under Section 482 of CrPC is maintainable to quash proceedings which are ex facie bad for want of sanction, frivolous or in abuse of process of Court.
CRIMINAL LAW
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Even it is a case of only broken relationship, which by itself would not amount to abetment of suicide hence accused, is acquitted of offence for which he was charged, convicted, and sentenced.
CRIMINAL LAW
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Complainants evidence was insufficient to establish that cheque was issued for a legal and enforceable liability and no legal debt existed between complainant and accused, leading to acquittal of accused without any legal error.
CRIMINAL LAW
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Appellate Courts discretion to require deposit was deemed valid to deter delays and uphold rights of complainant, who has been engaged in litigation since November 2022 hence, order of Appellate Court needs to be upheld.
CRIMINAL LAW
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As There Are Insufficient Grounds To Charge Accused With Alleged Offences, Impugned Judgment Of Conviction Set Aside And Accused Is Acquitted Of Said Offence.