Digi - Legal Insights
CRIMINAL LAW
Details
Discharge
denied in fraud case under MPID Act as material on record raised strong
suspicion and appellant sought to evade trial.
CRIMINAL LAW
Details
Protection under the
Act not available to husband as the Act is meant for aggrieved women and no perversity
found in Family Courts finding.
PROPERTY LAW
Details
Orders from 1999 were deemed arbitrary and quashed and State Government was instructed to consider Societys genuine difficulties and any penalty imposed.
CRIMINAL LAW
Details
Discharge granted as
departmental inquiry exonerated accused on merits and trial continuation deemed
unnecessary.
FAMILY LAW
Details
Appellants conduct, including humiliation, refusal to have a physical relationship, and allegations of extra-marital relations, is considered 'cruelty' against Respondent, leading to a divorce decree.
SERVICE LAW
Details
Employer can dispense services to convicted employees, but must apply mind to circumstances leading to conviction, especially when it is not for grave offenses and punishment should be after evolution of conduct and impact on administration.
CRIMINAL LAW
Details
Cognizance under P.C. Act
taken without sanction is invalid; discharge allowed.
EDUCATION
Details
Petitioner, who has a commendable academic record, secured admission to management course on merit, maintained good attendance and submitted assignments timely hence, Respondent No. 2 directed to permit Petitioners to appear for re-examination to be conducted for student.
CRIMINAL LAW
Details
High Courts refusal to
interfere upheld as respondent remained public servant during deputation and
sanction under Section 197 CrPC was necessary for prosecution under IPC and PC
Act.
CRIMINAL LAW
Details
Allowed under Sections
217, 218 IPC r/w Section 34 as prosecution was barred by limitation under
Section 468 CrPC and no sanction under Section 197 CrPC was obtained despite
petitioners being public servants acting in official capacity.
CRIMINAL LAW
Details
Allowed as forged
document allegedly authored by applicant was not used for benefit and no link
established between applicant and forgery.
CRIMINAL LAW
Details
Rejection upheld as
evidence collected during investigation disclosed prima facie case and sufficed
for trial under Section 376(2)(n) IPC.
CRIMINAL LAW
Details
Allowed as material
only showed applicants ownership of centre without linking her to alleged acts,
making her prosecution an abuse of process.
CRIMINAL LAW
Details
Petition to transfer
high-security prisoner to general barrack rejected for security and
administrative reasons.
CRIMINAL LAW
Details
Accused entitled to
default bail as application was filed before charge-sheet, and advocates
mistake in forwarding it to wrong court cannot defeat statutory right.
CRIMINAL LAW
Details
Complaint and summons
quashed as peaceful and non-abusive protest by appellants fell within Exception
9 to Section 499 IPC and was protected under Article 19 of Constitution.
CRIMINAL LAW
Details
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
Details
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
Details
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
Details
Writ of habeas corpus
dismissed as custody of 3-year-old child with mother was lawful under Guardians
and Wards Act and no exceptional circumstances were shown to disturb it.