Digi - Legal Insights
CRIMINAL LAW
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Deaths were result of forest fire, case of vis majeure, thereby rendering alleged sections inapplicable to facts presented and Appellant is discharged from offences alleged against him.
CRIMINAL LAW
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Appellant has served 11 years of imprisonment, including default term and cannot be penalized with double fines, he is entitled to release.
CRIMINAL LAW
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Despite heated exchanges, there is insufficient evidence to prove any intention from Appellant to instigate victims suicide, suggesting that such quarrels are common and do not imply an instigation severe enough to compel victim to take her own life.
CRIMINAL LAW
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Suspicion alone cannot replace proof hence, both Appellant and accused No. 2 should be given benefit of doubt due to inadequacy of prosecutions case.
CRIMINAL LAW
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High Courts order cannot be upheld and FIR based on improperly constituted Gang Chart is quashed due to clear procedural irregularities.
CRIMINAL LAW
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Prosecutions case, based on ocular evidence accepted by trial Court, was improperly analyzed by High Court hence, impugned suspension order is set aside and Respondent No. 2 must surrender to trial Court.
CRIMINAL LAW
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Court ordered a remand for appeal to be re-heard, setting aside prior dismissal and emphasizing timely resolution given Appellants age and it further stipulated that should the Appellant remain unrepresented in future, Division Bench would have discretion to proceed as deemed suitable, while ensuring his freedom until Appeals final resolution.
CRIMINAL LAW
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Continuation of proceedings against Appellant, in pursuance of FIR in question will amount to abuse of process of law hence, FIR and all proceedings subsequent thereto, including summoning order, stand quashed.
CRIMINAL LAW
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Complainant was married with two children and no claims of separation or divorce were made, relationship was consensual hence, no grounds to uphold High Courts order and quashed criminal proceedings related to FIR, canceling Appellants bail bonds.
CIVIL LAW
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An appellate court should not routinely remand a case for reframing issues and adducing fresh evidence when sufficient pleadings and evidence already exist on record to decide the dispute.
SERVICE LAW
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Eligibility for compassionate appointment must be determined on the date of application or initiation of the process, and an applicant cannot be disqualified due to administrative delays by the employer.
TAXATION
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Mere assembly or kitting of imported components to meet customer specifications without bringing a new, distinct commercial commodity into existence does not amount to manufacture under the Central Excise Act.
CIVIL LAW
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Dismissing an appeal without deciding a pending application for additional evidence constitutes a jurisdictional error requiring remand.
CIVIL LAW
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Deputy Commissioner, along with other respondents, submitted unconditional apologies for failing to comply with court orders, acknowledging seriousness of their default and promising improved diligence in future.
CIVIL LAW
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Respondent No. 1 did not file certified copy of NCLTs order dated 14.08.2024 along with her appeal or its refiled version hence, filing/refiling of appeal by respondent No. 1 was incurably tainted and same ought to have been rejected at threshold.
CIVIL LAW
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Respondent no.2 could not establish link between Appellant and Respondent 1, but these were not determined from full trial hence, matter be taken up by concerned Civil Court for fixing a date to conduct DNA test and proceed further in civil suit pending before it as per result received subsequently.
CRIMINAL LAW
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Respondent, lacking source of income after marrying appellant, was entitled to support hence, maintenance order upheld, asserting the wife should maintain lifestyle comparable to that of her husband.
CRIMINAL LAW
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Detaining Authority has assessed nature of offences, evidence of ongoing prejudicial activities and bail considerations for petitioner hence, prior preventive actions were insufficient to stop illegal activities, resulting in detention order.
CRIMINAL LAW
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Allegations under Sections 281 and 125 of BNS lack the required elements, as sole basis of charge is that Petitioner exceeded BAC limit by minor margin hence, impugned FIR registered of alleged offences is quashed and set aside.
CRIMINAL LAW
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No error or any perversity in course adopted by Trial Court, as Trial Court, after putting relevant questions has also recorded fact that charge was put to petitioner and then passed order.