Investigation Archives

Cal HC | DGP directed to initiate departmental proceedings against Police Officers; CID to take over investigation

Calcutta High Court: Rajasekhar Mantha, J. while adjudicating a case involving serious offences under Section 365, 354B and other provisions of IPC

Case Briefs High Courts

If an assessee under stress of investigation, signs a statement admitting tax liability and makes a few payments, can it lead to self-ascertainment? Madras HC explains

Madras High Court: Dr Anita Sumanth, J., expressed that with the inception of Section 74(5)of GST Act, it is the case of

Case Briefs High Courts

[Media Trial] Can media be given right to speculate on outcome of one going investigations or Court proceedings or criminal trials? Ker HC elucidates

Kerala High Court: While addressing the matter with regard to the media trial, Mohammed Nias C.P., J., expressed that, half-truths and misinformation

Case Briefs High Courts

When a Judge recuses without reasons, can a litigant or third party intervene, comment or enquire? Del HC answers

Delhi High Court: Asha Menon, J., held that, when a Judge recuses, no litigant or third party has any right to intervene,

Case Briefs High Courts

Cocoon of protection, afforded by a bail order insulates suspect and he could thwart interrogation reducing it to futile rituals: Del HC

Delhi High Court: Asha Menon, J., expressed that, personal liberty is a very precious fundamental right and it should be curtailed only

Case Briefs High Courts

Cal HC | Lady IPS Officer directed to investigate in the recent matter of 4 rape cases in the villages

Calcutta High Court: The Division Bench of Prakash Shrivastava, CJ. and Rajarshi Bharadwaj, J. took up a petition and directed Damayanti Sen,

Op Eds OP. ED.

An Analysis of Telephone Tapping as an Investigation

by Puneet Dhanoa*

Case Briefs District Court

Tattoo Artist alleged to have committed rape: Bail denied as witnesses might get influenced: Kerala Sessions Court

Court of Session, Ernakulam Division: Shibu Thomas, II Additional Sessions Judge, denied bail to tattoo artist alleged of committing rape under Section

Case Briefs Supreme Court

POCSO| Is investigation of disclosure of victim’s identity permissible without Magistrate’s permission? SC gives split verdict

Supreme Court: The bench of Indira Banerjee and JK Maheshwari, JJ has given split verdict on the issue as to whether the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Amount deposited during the investigation, ipso facto, becomes pre-deposit when the assessee carries the dispute before the Appellate Forum

Customs Excise and Service Tax Appellate Tribunal: Anil Choudhary (Judicial Member) dismissed applications filed by the Revenue pertaining to rectification of mistakes.

Case Briefs High Courts

Raj HC | “Citizen approaching Court in a public interest jurisdiction holds greater duty to make full research” PIL dismissed due to lack of necessary evidence presented

Rajasthan High Court: A Division Bench of Akil Kureshi, CJ and Rekha Borana, J. dismissed the petition and kept it open for

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can SEBI proceed against a Chartered Accountant for lack of his due diligence? SAT analyses

Securities Appellate Tribunal, Mumbai: The Coram of Justice Tarun Agarwala (Presiding Officer) and Justice M.T. Joshi (Judicial Member) while addressing a matter

Case Briefs High Courts

[Customs Act] Raj HC | DRI officer is not Competent Authority to issue show cause notice and adjudicate the same as “proper officer”; Show cause notice set aside

Rajasthan High Court: A Division Bench of Akil Kumar, CJ and Sameer Kureshi, J. allowed the writ petition and set aside the

Case Briefs High Courts

Law on Bail | Investigation complete, charge sheet filed, accused in jail since 6 months: Read whether Del HC grants bail

Delhi High Court: Chandra Dhari Singh, J., granted bail while referring to a catena of Supreme Court decisions with regard to the

Case Briefs Supreme Court

Examination of a ballistic expert is not an inflexible rule in every case involving use of a lethal weapon: SC

Supreme Court: In a case where deceased had sustained a gun-shot injury with a point of entry and exit, the 3-judge bench

Case Briefs Supreme Court

Dowry Death| Wife goes missing from matrimonial home; body found a week later: Circumstances unerringly point to husband’s guilt despite slipshod investigation, holds SC

Supreme Court: Despite a slipshod investigation in a case, the 3-judge bench of NV Ramana, Surya Kant and Hima Kohli*, JJ has

Case Briefs High Courts

Does accused has right to demand production of documents withheld by investigator at framing of charge? Does S. 91 CrPC include witness statement? Bom HC decides

Bombay High Court: Sandeep K. Shinde, J., expressed that it is settled law that at the stage of framing the charge, the

Op Eds OP. ED.

The Legality of Remand after Completion of Investigation and before Taking Cognizance

by Gaurav Thote*

Case Briefs High Courts

Can accused be allowed to inspect documents kept in “malkhana”: Read what Del HC said while rejecting CBI’s plea in INX Media case

Delhi High Court: Mukta Gupta, J., expressed that, “…while passing an order of inspection of unrelied upon documents, the Court is bound

Case Briefs High Courts

13-years of long fight, yet State’s investigation unsatisfactory: Whether exemplary costs to a wife fighting for a decade to secure her missing husband’s presence would be granted or not? Read Bom HC’s decision

Bombay High Court: While noting the failure of State Machinery in securing the presence of a person for 13 years, Division Bench