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…
Tag: Punjab and Haryana High Court
Understanding Order 1 Rule 10 of the Civil Procedure Code (CPC) in Indian Jurisprudence
Order 1 Rule 10 of the Civil Procedure Code (CPC)
Order declaring accused as Proclaimed Person got set aside by Hon’ble Punjab and Haryana High Court
Proclaimed Person-Section 82 Crpc The judgment rendered in the case of Rajan Katna versus Wazir Chand Rakesh Kumar and another, heard in the High Court of Punjab and Haryana at…
Bail Conditions cannot be burdensome. Courts cannot insists on different sureties for different cases against same accused.
Question regarding different sureties for different cases against same accused came before Hon’ble Kerala High Court . CRL.MC No. 10916 of 2023. D/d. 16.01.2024. Venugopal Versus State of Kerala In…
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…
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.
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
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…
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…
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
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
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…