PUNJAB AND HARYANA HIGH COURT Before:-Mr. Kuldeep Tiwari, J. CRR-2778 of 2023 (O&M). D/d.14.10.2024. Chander Prakash Gupta – Petitioner Versus Central Bureau of Investigation – Respondent Mr. Anoop Verma, Advocate for the…
Category: Articles
Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for alleged involvement in a fraudulent property transaction dismissed due to prima facie evidence of financial deception and the petitioner’s criminal history.
PUNJAB AND HARYANA HIGH COURT Before:- Manjari Nehru Kaul, J. CRM-M-3239 of 2025 (O&M). D/d.30.04.2025. Shasha Shubam – Petitioners Versus State of Punjab – Respondent Mr. Anoop Verma, Advocate for the petitioner. Mr.…
Bail granted under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 considering prolonged pre-trial custody, rigors of Section 37 NDPS Act, and judicial precedents emphasizing Article 21 of the Constitution.
PUNJAB AND HARYANA HIGH COURT Before:- Anoop Chitkara, J. CRM-M-32178 of 2025. D/d.26.08.2025. Rishi Kumar – Petitioner Versus State of Punjab – Respondent Mr. Anoop Verma, Advocate for the petitioner. Mr. Jasdev Singh…
Live-in relationships are recognized under the Protection of Women from Domestic Violence Act, 2005. Individuals have the right to live together even outside wedlock
PUNJAB AND HARYANA HIGH COURT Before:- B.S. Walia, J. CRWP-69-2021. D/d.6.1.2021. Priyanka and another – Petitioners Versus State of Punjab and others – Respondents For the Petitioner:- Mr. Anoop Verma, Advocate. IMPORTANT Live-in…
Abuse of PIL Process – Courts must reject PILs filed for personal gain, private profit, or political motives – Petitioners must act bona fide and demonstrate genuine public interest – Supreme Court guidelines emphasized.
PUNJAB AND HARYANA HIGH COURT Before:-Mr. S.S. Saron, J. CWP No. 15262 of 2016. D/d.10.11.2016. Karamjit Singh Bhullar – Petitioner Versus State of Punjab and others – Respondents For the…
Negotiable Instruments Act, 1881 Section 138 Cheque dishonour due to “payment stopped by drawer” – Held, whether cheque was issued by authorized signatory or in personal capacity involves factual disputes to be resolved during trial – High Court cannot quash the complaint on such grounds in exercise of its powers under Section 482 Cr.P.C
PUNJAB AND HARYANA HIGH COURT Before:-Mr. Rajesh Bhardwaj, J. CRM-M-2187 of 2025 (O&M). D/d.16.01.2025. Jasvir Singh Sindhu – Petitioner Versus Bharat Arora – Respondent Mr. Anoop Verma, Advocate for the petitioner. IMPORTANT…
FIR and subsequent proceedings can be quashed under Section 482 Cr.P.C. if the parties have amicably settled their disputes through a genuine compromise, provided the offence does not involve heinous crimes or those with serious societal impact.A. Indian Penal Code, 1860 Sections 420 and 406 – Criminal Procedure Code, 1973 Section 482 – Quashing of FIR – FIR registered under Sections 420 and 406 IPC quashed on the basis of a genuine compromise between the parties – Held, continuation of the criminal prosecution in such cases would amount to abuse of process of Court and quashing the FIR would serve the ends of justice.
PUNJAB AND HARYANA HIGH COURT Before:-Mr. Rajesh Bhardwaj, J. CRM-M-27957 of 2024 (O&M). D/d.18.11.2024. Ravinder Kumar Thakur – Petitioner Versus State of Punjab and ors. – Respondents Mr. Anoop Verma, Advocate for…
Supreme Court Settles Jurisdiction Under Section 138 NI Act: Payee’s Bank Decides Venue for Account Payee Cheques
In a significant judgment bringing long-awaited clarity to cheque dishonour litigation, the Supreme Court of India has conclusively settled the law on territorial jurisdiction under Section 138 of the Negotiable Instruments Act, 1881, particularly after the 2015 Amendment
Supreme Court Issues Guidelines under Section 138 of the Negotiable Instruments Act, 1881 – Advocate in Chandigarh High Court Explains the Latest Ruling on Cheque Dishonour Cases
Guidelines under Section 138 of the Negotiable Instruments Act, 1881 The judgment arises from the case titled “Sanjabij Tari v. Kishore S. Borcar & Anr.” heard by the Supreme Court…
Punjab and Haryana High Court Quashes FIR Under Sections 363 and 366 IPC – Advocate in Chandigarh Explains the Case of Voluntary Marriage
FIR under Sections 363 and 366 IPC quashed by the Punjab and Haryana High Court, Chandigarh. The case involved allegations of kidnapping and inducement for marriage, but the Court accepted…
Delhi High Court: Security Cheques Issued Under MoU Do Not Constitute Offence Under Section 138 NI Act
In a significant ruling, the Delhi High Court has reiterated that cheques issued as security under a Memorandum of Understanding (MoU) cannot be treated as cheques issued towards a legally…
How to Get FIR Quashed in Punjab and Haryana: A Complete Legal Guide (2025 Update)
Learn how to get FIR quashed in Punjab and Haryana legally under Section 482 CrPC. Understand the procedure, documents required, cost, and latest court judgments in this complete 2025 legal guide.
NDPS Act Bail & Procedural Safeguards: Key Supreme Court Judgments
Introduction: Why NDPS Act Cases Demand Stricter Compliance The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is one of the most stringent criminal laws in India. Unlike general…
Supreme Court Quashes Cheque Bounce Case for Suppression of Material Facts
The Supreme Court quashed a cheque bounce complaint under Section 138 NI Act for suppression of material facts. Learn how this ruling safeguards against misuse of criminal law in cheque dishonour cases.
Unshakeable Pillar of Justice: The Right to a Fair Trial in India
The Right to a Fair Trial is the cornerstone of any democratic legal system, and India is no exception. Enshrined under Article 21 of the Constitution of India, this right…
Punjab Government Issues SOP for Safety of Runaway Couples as Per High Court Directions
Punjab Issues Comprehensive SOP to Protect Life and Liberty of Runaway Couples In a significant step to uphold constitutional rights and personal freedom, the Department of Home Affairs, Government of…
Black Film on Car Windows: Supreme Court Ban, Legal Framework & Public Impact
Introduction The use of dark-tinted films on car windows has long been a contentious issue in India, particularly in the context of road safety, law enforcement, and crime prevention. In…
Cruel Misuse of Section 498A IPC: Supreme Court Acquits Husband After 20 Years of Matrimonial Litigation
Introduction In a landmark ruling on 13th May 2025, the Supreme Court of India set aside the conviction of a man under Section 498A IPC and Section 4 of the…
Supreme Court Awards ₹19.22 Lakhs to Elderly Mother in Fatal Road Accident Case – A Landmark on Compensation to Dependent Parents
Case Title: Deep Shikha & Another vs. National Insurance Company Ltd. & OthersDate of Judgment: 13 May 2025Court: Supreme Court of IndiaCitation: 2025 INSC 675 ⚖️ Overview In a significant…
Supreme Court Proceedings in Himanshu Singh & Others vs. Union of India & Others: A Complex Matrix of Public Grievances and Legal Interventions
On 29th April 2025, the Hon’ble Supreme Court of India, in a significant sitting of Court No. 3, presided over by Justice Surya Kant and Justice Nongmeikapam Kotiswar Singh, heard…
Supreme Court Reiterates Protective Scope of Section 125 CrPC: Maintenance Awarded to Wife from Date of Application in Shahjahan v. State of Uttar Pradesh (2025)
Introduction In a significant judgment dated 04.02.2025, the Hon’ble Supreme Court of India, in Shahjahan v. State of Uttar Pradesh, Criminal Appeal No. 2112 of 2025 (arising out of SLP…
Quashing of Bail Conditions: Punjab and Haryana High Court Grants Relief in CGST Case
In a significant ruling, the Punjab and Haryana High Court has set aside the harsh bail conditions imposed on Pawan Kumar in a case under the Central Goods and Services…
Section 482 CrPC: A Lifeline for Justice in Criminal Proceedings
IntroductionSection 482 of the Code of Criminal Procedure (CrPC) is a vital provision in Indian law that empowers the High Courts to use their inherent powers to ensure justice. This…
Supreme Court’s Landmark Ruling on Bail: A Shift Toward Justice and Liberty
IntroductionIn a significant development, the Supreme Court of India recently reiterated the foundational principles of bail jurisprudence. The ruling underlines the necessity of upholding personal liberty while balancing societal interests.…
Time Limit to file appeal before RERA Appellate Tribunal-Limitation Period (Regulation and Development) Act (RERA) Appellate Tribunal)
The time limit to file an appeal in the Real Estate (Regulation and Development) Act (RERA) Appellate Tribunal is 60 days from the date the aggrieved person receives a copy…
CGTMSE Scheme (Credit Guarantee Fund Trust for Micro and Small Enterprises)
The Credit Guarantee Fund Trust for Micro and Small Enterprises (CGTMSE) is a key initiative by the Government of India, implemented in collaboration with the Small Industries Development Bank of…
INQUIRIES AND TRIALS, GENERAL PROVISIONS AS TO [SECTIONS 337 TO 366 OF BNSS] POWER TO POSTPONE OR ADJOURN PROCEEDINGS [SECTION 346 OF BNSS/SECTION 309 OF Cr.PC.]
Limits on adjournments ♦ Section 346(2), fourth proviso, of BNSS provides that where the circumstances are beyond the control of a party, not more than two adjournments may be granted…
The Role of WhatsApp in Indian Courts: Service of Parties and Proving Allegations Through WhatsApp Chats
In recent years, technological advancements have significantly influenced the legal landscape worldwide. One such advancement is the pervasive use of WhatsApp, a widely popular messaging application. In India, courts have…
Understanding Order 1 Rule 10 of the Civil Procedure Code (CPC) in Indian Jurisprudence
Order 1 Rule 10 of the Civil Procedure Code (CPC)
DK Basu vs. State of West Bengal: A Landmark Judgement on Custodial ViolenceCase: DK Basu vs. State of West Bengal (1997)
DK Basu vs. State of West Bengal: A Landmark Judgement on Custodial Violence Case: DK Basu vs. State of West Bengal (1997) Court: Supreme Court of India Facts: This case…
Got secured one of our clients Anticipatory Bail under sections 406, 420, 468, 471, 120-B of IPC, 1860
Anticipatory Bail, Navigating through legal complexities can be challenging, but with strategic legal expertise and unwavering dedication, we have successfully safeguarded our client's interests
Impounding of Passport
Impouding of Passport on the allegation of Suppression of Material Information Got issued the directions to the appellate Authority under Passport Act, from the Hon’ble Punjab and Haryana High Court,…
Cruelty – Wife used to harass her husband by closing outer gate, hiding the keys of scooter and crunching his clothes when he would get ready to go to factory – It is cruelty.
Cruelty – Wife publishing notice in newspaper making baseless allegations that her husband was womaniser and drunkard – It is cruelty. Hindu Marriage Act, 1955, Section 13(1)(ia) – Mental cruelty – Law enunciated…
Territorial Jurisdiction in Indian Law: A Comprehensive Overview
Territorial jurisdiction pertains to the geographical area within which a court or other judicial authority has the power and authority to decide cases. In India, the concept of territorial jurisdiction…
Quashing of FIR at Preliminary Stage: A Judicial Perspective
The quashing of First Information Reports (FIRs) at the preliminary stage of investigation is a delicate legal matter that requires careful consideration. The Supreme Court of India has provided valuable…
Quashing of FIR registered under section 376 IPC
SUPREME COURT OF INDIABefore:-A.M. Khanwilkar and Dinesh Maheshwari, JJ.Criminal Appeal Nos.394-395 of 2021 (Arising out of SLP(Crl.) Nos.3175-76 of 2021)(Diary No.11723 of 2020). D/d. 12.4.2021.Ananda D.V. – AppellantsVersusState & Anr.…
Preserving Call Details of Investigating Agency During Trial: Legal Imperatives and Precedents
Preserving Call Details of Investigating Agency During Trial: Legal Imperatives and Precedents Introduction In an age dominated by digital communication, call details have become invaluable pieces of evidence in criminal…
Quashing of Matters which are purely Civil Nature and mostly are related to land or money are given the color of criminality, only for the purpose of exerting extra judicial pressure on the party concerned which is nothing but abuse of process of the court- Such matters are liable to be quashed.
In State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, Supreme Court held: “102. In the backdrop of the interpretation of the various relevant provisions of the Code…
Bail under Economic offence-once the investigation is complete, final report/complaint filed and the triple test is satisfied then denial of bail must be the exception rather than the rule
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…
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…
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…
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 :-…