Digi - Legal Insights
CRIMINAL LAW
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Case relies heavily on confessional statements that are deemed unreliable, with no coherent circumstantial evidence connecting him to alleged crime and prosecutions case insufficient to prove guilt beyond reasonable doubt, leading to acquittal of Accused No. 12- and dismissal of all charges against him.
CRIMINAL LAW
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High Courts determination of false affidavit and expediency of filing a complaint were both absent in original order, making this legal action inappropriate and typographical errors were present in documents in question, which did not warrant criminal proceedings as they did not exhibit intent to deceive.
CRIMINAL LAW
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Both Trial Court and High Court correctly assessed evidence and found prosecutions case proved beyond reasonable doubt, justifying conviction.
CRIMINAL LAW
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Request to club and consolidate multiple FIRs related to cyber fraud denied because each represents distinct offences linked to different complainants and transactions.
PROPERTY LAW
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Respondent No. 4 is duty bound to pay compensation to Petitioner hence, Respondents are directed to acquire property of petitioner in accordance with law and initiate this process within period of four weeks.
PROPERTY LAW
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Impugned order passed by respondent no.4-Food Safety Officer directing petitioner to stop all activities, is quashed and set aside as it is passed without any authority and power.
SERVICE LAW
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Petitioner, a mother fully dependent on her deceased son, is entitled to family pension despite existence of three married sisters.
PROPERTY LAW
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Exercising its extraordinary jurisdiction under Article 226 of Constitution, Court allows Petition, mandating substitution of CTS No. 699 for CTS No. 611 in both notification and award additionally, it orders deletion of entry dated 22.07.1997 from Revenue Records regarding CTS No. 611.
CRIMINAL LAW
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Testimonies indicate pattern of abuse by Appellant, further implicating him in murder hence, impugned order of conviction under Section 302 of IPC is upheld.
CRIMINAL LAW
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Continuing criminal proceedings would constitute an abuse of legal process, as Respondent No. 3 has suppressed vital facts and engaged in forum shopping, undermining integrity of judicial system hence, impugned FIR registered of alleged offences quashed.
CRIMINAL LAW
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Conviction is based on assumptions without legal evidence, rendering judgment untenable hence, Appellant-accused stands acquitted of offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of Act.
CRIMINAL LAW
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Impugned Order passed by Special Judge is set aside and Notifications issued in connection with Special MIPD Case, qua subject property are quashed and subject property stands released from attachment under MPID Act.
CRIMINAL LAW
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Order deprives citizens of their fundamental rights, including freedom of speech and right to live with dignity as per Articles 19 and 21 of Constitution hence, impugned Orders of Externment is set aside.
CRIMINAL LAW
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As police failed to register crime despite prima facie cognizable offence being evident consequently, Magistrate granted relief to Respondent No. 2 by ordering registration of an FIR and initiation of an investigation.
CRIMINAL LAW
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Criminal prosecution is unwarranted and constitutes an abuse of legal process, thereby entitling Petitioner to relief sought in Writ Petition hence, impugned Criminal Complaint quashed.
CRIMINAL LAW
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Current maintenance order of Rs.50,000 per month is subject to reconsideration due to these factors hence, impugned order is set aside and Petitioner-husband is directed to pay Rs.25,000/- per month to Respondent Nos.1 and 2 from 30.10.2021 till disposal of main application under Section 125 of CrPC.
RENT CONTROL
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Appellate Court found no error in reversing Trial Courts decision, asserting that tenant cannot dictate landlords business terms, especially after occupying premises for over 32 years and Plaintiffs need for additional premises during litigation process does not diminish its legitimate business expansion requirements.
CRIMINAL LAW
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Impugned order for cognizance of offence under Section 24(2) of SEBI Act, 1992 is quashed and Special Court is requested to provide an opportunity of hearing to petitioner before passing order as regards taking cognizance of offence punishable under Section 24(2) of Act in accordance with law.
RENT CONTROL
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In case regarding obstructionists' tenancy rights, legality of 32M certificates and tenancy court orders cannot be adjudicated by Executing Court due to bar under Section 85 of Act.
CRIMINAL LAW
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Special Judge failed to consider legal protections for public servants acting in their official capacity and did not adhere to procedural requirements outlined in Section 223(2) of B.N.S.S, as Applicant was not served notice or heard prior to the order hence, impugned order passed by Special Judge, is quashed and matter is remanded to Special Judge for fresh hearing.
Judgement
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