Digi - Legal Insights
PROPERTY LAW
Details
None of documents support plea of protection of possession as contemplated under Section 53-A of TP Act thus, no reason to take a different view from view expressed by Appeal Court.
SERVICE LAW
Details
Respondents single option was unjustified and violated Disabilities Act, 2016 hence, Respondent directed to recommend Petitioner against any vacant posts in selection process for visually impaired candidates.
CRIMINAL LAW
Details
Allegations under Sections 498A, 506
IPC found to be vague and motivated by family discord; proceedings quashed to
prevent abuse of process.
CRIMINAL LAW
Details
FIR and charge-sheet
quashed where no prima facie offence under Sections 294, 504, 506 IPC is made
out and prior sanction was not obtained.
CRIMINAL LAW
Details
FIR under Sections
498A, 377 IPC and Dowry Act quashed where parties voluntarily settled
matrimonial dispute and informant supported quashing-Exercise of inherent
powers under Section 482 Cr.P.C. justified.
CRIMINAL LAW
Details
Application under
Section 482 CrPC dismissed where applicants, despite undertaking, attempted
forcible possession, justifying Magistrates direction to maintain status quo to
prevent breach of peace.
CRIMINAL LAW
Details
Transfer to open prison
rightly denied where Selection Committee found prisoner ineligible under Rules
4(II)(d) and (n); no violation of natural justice.
CRIMINAL LAW
Details
Detention order quashed
where Detaining Authority failed to show subjective satisfaction and relied on
stale offences and unverified confidential statements; no material to establish
disturbance to public order.
CRIMINAL LAW
Details
Detention order quashed
where stale offences since 2021 and absence of recent C.A. reports fail to
establish disturbance to public order; identical witness statements held
insufficient.
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
Details
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.