Digi - Legal Insights
CRIMINAL LAW
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Evidence is brought on record would not be sufficient to establish charge of guilt under Section 498A of IPC against Appellant hence, impugned order of conviction set aside.
CRIMINAL LAW
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As charge sheet filed after statutory 90-day period, Appellants right to claim default bail is established, leading to an indefeasible right for release on bail.
CRIMINAL LAW
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Accusations and counter-accusations indicated political rivalry rather than genuine legal concerns thus, matter should be resolved with complete and honest investigation, concluding that Appellant had stronger basis for anticipatory bail than reflected in prior High Court ruling.
EDUCATION
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Constitutional mandates must translate into actions, urging Rajasthan to develop comprehensive policy for teaching in Rajasthani language and to take timely steps to recognize it in education.
CRIMINAL LAW
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Evidence was deemed weak and contradictory, leading to conclusion that convictions by both Trial Court and High Court were unjustifiable, warranting their reversal.
CRIMINAL LAW
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Given unlawful sale of society land, Court orders formation of Special Investigation Team (SIT) to investigate how land has been transferred without permission.
CRIMINAL LAW
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Pre-arrest bail procedures should be followed through competent Sessions Court rather than through writ petition, deeming High Courts actions unacceptable hence, impugned orders set aside and remitted matter for fresh consideration on merits.
CRIMINAL LAW
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Impugned judgment of High Court suspending sentence of Respondent No.2 is set aside and Respondent No. 2 is directed to surrender within ten days.
CRIMINAL LAW
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Given Appellants age and prior conduct, bail can be granted with proper conditions, as further detention is not necessary for investigation or trial purposes.
CRIMINAL LAW
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Trial Court was fully justified in recording order of conviction and sentence against Appellant, as prosecution had proved its case beyond reasonable doubt.
CRIMINAL LAW
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Allegations in complaint do not constitute a criminal offence under the invoked Sections, even if taken at face value hence, case is suitable for jurisdiction under Section 482 of CrPC to quash criminal complaint, which High Court has failed to exercise.
CRIMINAL LAW
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Court found insufficient evidence to support allegations that accused had threatened complainant with intent to cause alarm hence, impugned FIR and charge-sheet filed against them for alleged offences stand quashed.
CRIMINAL LAW
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Petitioner has served over twenty-two years, demonstrating significant time endured in custody, which supports his plea for release thus, he is entitled to benefit of premature release/remission.
CRIMINAL LAW
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Family Courts conclusions regarding cruelty and desertion are invalidated and divorce decree is upheld on basis of irretrievable breakdown, with remarks on cruelty being expunged.
SERVICE LAW
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In reviewing scope of judicial review in disciplinary matters, findings of impugned judgment align with established legal standards.
CIVIL LAW
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Dictation of draft orders by judge is not final until signed and can undergo corrections, provided they do not constitute material changes requiring further hearings.
CRIMINAL LAW
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Appeal against High Courts dismissal of revision application is based on finding that transactions fit definitions under MPID Act, thus categorizing recipients as Financial Establishment.
CIVIL LAW
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Trial Courts can consider preliminary objections with applications under Order VII Rule 11 and plaint admissions require verification, allowing defendants to contest even post-admission.
CRIMINAL LAW
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Appellants claim of belonging to Scheduled Tribe is dismissed due to invalidity of certificate, which lacks date and was contradicted by Tehsildars report hence, impugned proceedings stand quashed.
TAXATION
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Assessee is entitled to seek deduction of amount of interest paid in respect of capital borrowed to tune of Rs.3,80,00,000/- for purposes of business.