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A Huge number of valuables including gold and silver bricks were recovered at Sanjay Popli’s home during investigation. Thus, the Punjab and Haryana High Court found it unsafe to release him at this stage while investigation is still underway for another case pertaining to accumulation of disproportionate assets.
Sessions Court, Lucknow: In a case filed by the Enforcement Directorate against Kerala journalist Siddique Kappan, who was incarcerated under the Unlawful
This roundup revisits the analyses of Supreme Court’s judgments/orders on constitutionality of Demonetisation; Freedom of Speech of Ministers; Guidelines to withhold life support of a terminally ill patients; Tussle between Delhi Government and Centre, and more. It also covers reports on Justice SA Nazeer’s retirement; the career trajectory & important decision of Justice CT Ravikumar; Explainers on important law points; five ‘Did You Know’ facts; Cases Reported in SCC Weekly in the month of January; and a throwback from SCC Archives.
When a law-abiding citizen is adopting legal procedure and has gone to the Police Station to lodge a report, but his report has not been taken, then, such a person/s deserves to be protected. When prima facie the offences are not attracting the provisions under the Atrocities Act, there was no question of the bar under Section 18 of the Atrocities Act
NIA has not done an investigation with respect to the co-conspirators involved in planting gelatin sticks in the Scorpio vehicle. We hope and trust that NIA, in right earnest, will investigate this aspect since further investigation under Section 173(8) is pending.
Merely by mentioning in the arrest memo that the petitioner has been inconsistent in his statements before the Investigating Officer and has kept on changing his versions and as such, has not co-operated with the investigation in disclosing full and true facts, is not sufficient and the same cannot be a ground of arrest as it is unacceptable and contrary to the mandate of Section 41(1)(b)(i)&(ii) from (a) to (e) of the CrPC.
“The Courts have the power to cancel the bail and to examine the merits of the case in a case where the accused is released on default bail and released not on merits earlier. Such an interpretation would be in furtherance to the administration of justice.”
Delhi High Court: In a bail application filed by the accused, Kapil Taneja, seeking bail for alleged offences under Sections 419, 420,
The Delhi High Court held that the law did not permit even the husband to take household articles including the jewellery without the consent and knowledge of his wife.
“When the daughter belonging to the non-tribal is entitled to the equal share in the property of the father, there is no
Gujarat High Court while deciding the bail application strikes the balance between personal liberty of accused and seriousness of offences committed.
The Delhi High Court while granting bail to a man accused of cheating held that undertrial prisoners cannot be placed in custody for indefinite periods of time when a speedy trial does not appear to be a possibility.
The case involves illegal international telephone exchange setup was found in Chawri Bazar, Old Delhi run by one Zulifiqar Ali alias Raja by using new era software-driven technology for routing calls from foreign countries like USA, UAE, Canada, Australia, etc. to India via illegal route of internet by passing the legal international and national call gateways of India.
Allahabad High Court said that even if it is believed that part of proceeds of crime was transferred in the bank account of Atikur Rahman, that itself may not be sufficient to prove that Siddique Kappan has dealt with the proceeds of crime which had been allegedly received by K.A. Rauf Sherif. Thus, granted him bail.
Delhi High Court grants bail to accused persons reiterating that, no accused can be indefinitely detained in custody having already undergone 50% of the sentence.
The undertrial prisoner, accused of kidnapping and raping a 16-year-old, has been behind the bars for almost two and a half years.
A Child-in-conflict with law (CIL) was granted bail considering that she was a young girl; her family was poor; she had less understanding to distinguish between right and wrong and her family atmosphere was good. The Court also discussed situations in which a CIL could be denied bail even in bailable offences as per Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
The woman has alleged that she has been falsely implicated in a case of bigamy and cheating, on the basis of a clerical mistake committed by the Bank agent who mistakenly entered the name of her business partner as her husband and Nominee.
Punjab and Haryana High Court held that when the accused is coming forward to face trial and is undertaking to appear before Court, no prejudice will be caused to the prosecution or complainant in granting bail to the petitioner.
Punjab and Haryana High Court granting bail to the petitioner emphasised that the NDPS cases can only survive in case the prosecution is able to establish that the article recovered is indeed a contraband and which can only be established on the basis of its chemical examination, which is normally done through FSL.