The parameters to be considered while deciding the prayer for bail are well laid down by Apex Court in the case of ‘State through CBI v. Amaramani Tripathi, reported as…
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Territorial jurisdiction – Cheque dishonoured by Chandigarh Bank – Complainant residing at Delhi – Notice demanding payment issued to accused from Delhi – Chandigarh court will have the jurisdiction and not Delhi Court.
In the case of Harman Electronics (P) Ltd. v. National Panasonic India Ltd., the Supreme Court of India examined the issue of territorial jurisdiction regarding a dishonored check. Here’s a…
P. Kartikalakshmi Versus Sri Ganesh & Anr. Supreme Court of India.
Criminal Procedure Code, 1973, Section 216 – Alteration of charges – Power of invocation of Section 216 Cr.P.C. , 1973 is exclusively confined with Court as enabling provision for purpose of alteration or addition…
The Maintainability of Section 216 CRPC Applications: A Legal Perspective
Hon’ble Supreme Court of India, have shed light on the maintainability of applications filed under Section 216 CRPC.
Legal Notice for Divorce Format.
[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient’s Name] [Recipient’s Address] [City, State, ZIP] Subject: Legal Notice for Divorce Dear [Recipient’s Name], I am writing…
Promoting Equality and Justice: The Case for Gender Neutral Rape Laws
Gender-Neutral Rape Laws Introduction Rape is a heinous crime that leaves lasting physical, emotional, and psychological scars on survivors. Traditionally, rape laws have focused on female victims and male perpetrators,…
Advancing Gender Equality: Key Legal Decisions by the Supreme Court of India and High Courts
Gender Equality Introduction: Gender equality is a foundational principle enshrined in the Constitution of India. Over the years, the Indian judiciary, including the Supreme Court and various High Courts, has…
Landmark Judgment-Adulterous Conduct-Permissibility of DNA test of Child-Supreme Court
Landmark Judgment Adulterous Conduct, Permissibility of DNA test of child
NDPS-Bail-cannot permit the situation to prevail where the person is kept in incarceration for a long period of time with the trial hardly to commence.
PUNJAB AND HARYANA HIGH COURTBefore:- Jaishree Thakur , J. CRM-M No. 8409 of 2022 (O&M). D/d. 24.01.2023. Jagseer Singh and another – Petitioners Versus State of Punjab – Respondents Mr.…
NDPS – Recovery – Investigating Officer told the accused that his search was to be conducted and that he had the legal right to get his search conducted from him or from some police gazetted officer or from some Magistrate – It is the double breach of Section 50.
Section 50 NDPS Act Compliance- Breach, search before gazatted officer mandatory
Default bail – Without completing investigation of case, chargesheet or prosecution complaint cannot be filed by investigating agency.
Default bail-Criminal Procedure Code, 1973, Section 167(2) – Constitution of India, 1950 Article 21 – Prevention of Corruption Act, 1988, Sections 7, 12 and 13(2) – Indian Penal Code, 1860, Sections 120(B) and 420 – Default Bail – Can a chargesheet or a prosecution complaint be filed in piecemeal without first completing the investigation of the case? – Without completing investigation of case, chargesheet or prosecution complaint cannot be filed by investigating agency only to deprive arrested accused of his right to default bail under section 167(2) of the CrPC, 1973 – Held, Supplementary Charge-sheets filed during pendency of investigation just before expiry of 60 days just to scuttle right to Default Bail accrued in favour of Accused – Trial Court mechanically accepting incomplete Charge-sheets and remanding Accused beyond stipulated period – Investigating Agency – Trial Court failed to observe mandate of law and acted in manifestly arbitrary manner and in violation of Fundamental Rights guaranteed to Accused – Interim Order of Bail made absolute.
Recalling of Non Bailable Warrants without presence of accused
recalling of Non Bailable Warrants NBW
Law on Further Investigation-173(8) Cr.P.C.- after acceptance of Final report by Magistrate. Supreme Court
Further Investigation- 173(8) Cr.P.C.- Mandate of Law. State through Central Bureau of Investigation v. Hemendhra Reddy (SC) : Law Finder Doc Id # 2209496SUPREME COURT OF INDIABefore:- Surya Kant and…
What is Interlocutory Order? Lets understand what Supreme Court says…
Term ‘Interlocutory Order’ has not been defined in the Cr.P.C. Hon’ble Apex Court in the case o
Case Laws-Permission to go abroad during pendency of criminal case.
Case Laws on Permission to go abroad: To travel abroad is a fundamental right. 1. SUPREME COURT OF INDIA Before:- M.B. Shah and Y.K. Sabharwal, JJ. Petn.(s) for Special Leave…
Auction Agricultural Land-Auction of secured property – Once secured property is put as security by way of mortgage etc. same cannot be treated as agricultural land and such properties cannot be said to be exempted from provisions of SARFAESI Act.
SUPREME COURT OF INDIA Before:-M.R. Shah and M.M. Sundresh, JJ. Civil Appeal Nos. 7402 of 2022(@ SLP (Civil) No. 14695 of 2020). D/d. 5.1.2023. K. Sreedhar – Appellants Versus M/s Raus Constructions Pvt. Ltd. &…
Sale is conducted under the provisions of the SARFAESI Act the Civil Courts have no jurisdiction to come in the way of the actions taken by the Banks or Financial Institutions.
PUNJAB AND HARYANA HIGH COURT(DB) Before:- M.S. Ramachandra Rao and Harminder Singh Madaan, JJ. CWP No. 24535 of 2021 (O&M). D/d. 21.11.2022. Kanta Devi – Petitioner Versus State Of Haryana…
Eviction petition – NRI landlord can exercise his right even during pendency of earlier eviction petition.
PUNJAB AND HARYANA HIGH COURTBefore:- Alka Sarin, J. CR No. 5977 of 2010 (O&M). D/d. 30.11.2022. M/s Pawan Electricals – Petitioner Versus Gian Singh – Respondent For the Petitioner :-…
Landmark Judgment “Arnesh Kumar Vs State of Bihar” 498A IPC and Dowry- Supreme Court on Anticipatory Bail
Arnesh Kumar Vs State of Bihar, Landmark Judgement on Anticipatory Bail by Supreme Court
Issuance of Emergency/Transit Certificate for travel to India in case of impounding of Passport
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 218 CWP-69-2023 Date of Decision: 01.03.2023 Madhu Kohli Versus …Petitioner Regional Passport Officer, Chandigarh …Respondent CORAM: HON’BLE MR. JUSTICE JASGURPREET…
Power under 406 CrPC to transfer cheque cases from one state to another
The Supreme Court observed that it has power under Section 406 CrPC to transfer cheque cases from one state to another.
Judgments on Maintainability of Anticipatory Bail if accused declared Proclaimed Offender PO or Proclaimed Person
Below are some of the Case titles along with relevant Findings on the above topic. Judgments on Maintainability of Anticipatory Bail if accused declared Proclaimed Offender PO or Proclaimed Person…
Framing of Charges-Trial Court did not consider the further investigation report while framing charges against the petitioner
Framing of Charges-Trial Court did not consider the further investigation report while framing charges against the petitioner. Therefore, petitioner challenged the said order of framing charges against him before Hon’ble…
SSP directed by Hon’ble High Court to check the involvement of DSP in illegal activity and pass speaking order. (Direction to Register FIR petition)
Harassment by Police under the influence of private party. IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARHSr. No.107 CRWP No. 654 of 2023Date of Decision : January 24, 2023Sukhdev…
Default Bail- 167(2) CrPC- Challan Incomplete- Absence of FSL Report- Incomplete Chargesheet
Default Bail- 167(2) CrPC- Challan Incomplete- Absence of FSL Report- Incomplete Chargesheet
Bail NDPS- Buprenorphine and Pheniramine Maleate (Avil)-Judgments
Sr.no. Title Relevant Findings 1. 2022 (1) Law Herald 735 PUNJAB AND HARYANA HIGH COURT Before:- Anoop Chitkara, J. CRM-M-2569 of 2022. D/d. 03.02.2022. Charanjit Kaur – Petitioner Versus State…
Quashing of Complaint under section 138 of Negotiable Instruments Act, 1881
Sought the quashing of complaint filed under section 138 of negotiable instruments act (cheque bounce) and its summoning order on various grounds. The Hon’ble High Court after considering the facts of the case and agreeing with the arguments, issued the Notice as well as stayed the proceedings qua the petitioners.
Advocate Anoop Verma
Punjab and Haryana High Court, Chanidgarh
2022 Latest Law on 319 CrPC: Supreme Court guidelines.
“I. Whether the trial court has the power under Section 319 of CrPC for summoning additional accused when the trial with respect to other coaccused has ended and the judgment…
Borrower cannot claim extension of time period under One time settlement scheme (OTS) as matter of right.
Extension of time to borrowers for making payment of balance amount under sanctioned beyond time granted under One time settlement scheme – Justifiability – Held, rescheduling payment under One time settlement scheme and granting extension of time tantamount to rewriting contract, which was impermissible while exercising powers under Article 226 – Modification of contract cab be done only by mutual consent under Section 62 of Contract Act – Further, under original One time settlement Scheme, sanctioned in year 2017, borrower was getting a substantial relief of approximately Rs. 3 crores – Sanctioned letter specifically shows that entire payment was to be made by 21.05.2018, otherwise One time settlement would be rendered infructuous – Therefore, High Court erred in granting extension of time to borrowers under One time settlement scheme quashed and set aside
NDPS Suspension of Sentence (Bail): Further incarceration would be violative of the right of the applicant-appellant enshrined under Article 21 of the Constitution of India :
NDPS Suspension of Sentence (Bail): Further incarceration would be violative of the right of the applicant-appellant enshrined under Article 21 of the Constitution of India
An amount of Rs. 5 Lakhs not recovered cannot be made a ground for disentitling to grant of Anticipatory Bail in asmuch as the the petitioner cannot be forced to get such amount recovered as the same would virtually amount to forcing of admission of guilt: Anticipatory Bail for the offence under section 420, 406, 120-B IPC granted by Hon’ble High Court of Punjab and Haryana
An amount of Rs. 5 Lakhs not recovered cannot be made a ground for disentitling to grant of Anticipatory Bail in asmuch as the the petitioner cannot be forced to get such amount recovered as the smae would virtually amount to forcing of admission of guilt:Anticipatory Bail for the offence under section 420, 406, 120-B IPC granted
Bail to the accused under POCSO Act: The intention of POCSO was to protect children below the age of 18 years from sexual exploitation. It was never meant to criminalise the consensula romantic relationship: DELHI HIGH COURT
Bail to the accused under POCSO Act: The intention of POCSO was to protect children below the age of 18 years from sexual exploitation. It was never meant to criminalise the consensula romantic relationship
Anticipatory Bail u/s 498A, 406 IPC granted by Hon’ble Punjab & Haryana High Court, Chandigarh
CRM-M-49984-2022 (O&M)Gurdeep Singh @ Gurdeep Singh Rupana Versus State of PunjabPresent:- Mr. Anoop Verma, Advocatefor the petitioner.…CRM-40797-2022Prayer made in the application is for exemption from filing thecertified copies of Annexures…
Filing false and frivolous cases against her husband amounted to cruelty. “Divorce u/s 13 of Hindu Marriage Act, 1955”
Filing false and frivolous cases against her husband amounted to cruelty
Quashing of – Complaints /charge sheets
TELANGANA AND ANDHRA PRADESH HIGH COURT Before:- A. Ramalingeswara Rao, J. Writ Petition Nos. 21422 of 2002; 4687, 8096, 8786 and 17623 of 2010. D/d. 26.9.2014. V. Janardhana Babu and…
Quashing of FIR on the basis of Compromise.
The bench of Justice Anoop Chitkara was dealing with the petition filed under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with…
Compassionate appointment – No entitlement of compassionate appointment after number of years from death of deceased employee.
SUPREME COURT OF INDIABefore :- M.R. Shah and Krishna Murari, JJ. Civil Appeal No. 6938 of 2022. D/d. 30.9.2022. The State of Maharashtra and Anr. – Appellant Versus Ms. Madhuri…
Offence under NDPS Act – Applicability of Section 27A NDPS Act is seriously questionable – Bail upheld.
Offence under NDPS Act – Applicability of Section 27A NDPS Act is seriously questionable – Bail upheld. SUPREME COURT OF INDIA Criminal Appeal No. 923 of 2022 (Arising Out of Slp (Crl.) No.…
Hon’ble High Court stayed the dispossession under section 13(4) of SARFAESI Act, 2002
Bank initiated the recovery proceedings under SARFAESI Act, 2002 against the borrower and issued the possession notice u/s 13(4) of SARFAESI Act, 2002 and also took the permission from the…
Bail/Suspension of sentence for the offence under section 376 IPC and section 6 POCSO Act.
Bail/Suspension of sentence for the offence under section 376 IPC and section 6 POCSO Act. Hon’ble Court after considering the facts & arguments raised, was pleased to suspend the sentence…
Conviction set aside
The Punjab and Haryana High Court has allowed the criminal appeal preferred by a father who was convicted by a Sessions Court in Jalandhar for the murder of his teenage…
Section 143-A of the Negotiable Instruments Act, 1881 are directory rather than mandatory.
The Bombay High Court has said that courts don’t have a duty to grant interim compensation to the complainant in a cheque bounce case. If interim compensation is granted, the…
Quashing of rape case, 376 IPC
While quashing a rape case, the Supreme Court observed that there is a distinction between a false promise to marriage and a breach of promise which is made in good…
Only in a trial can it be held whether a property is ancestral property or self acquired properties and therefore amendment of the plaint at the pre-trial stage to include such properties, is permissible.
The Karnataka High Court has said only in a trial can it be held whether a property is ancestral property or self acquired properties and therefore amendment of the plaint…