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The Constitutional Court can exercise its constitutional powers in transferring investigation from State investigating agency to any other investigating agency, including CBI, only in rare and exceptional cases.
Special Public Prosecutor submitted that there are 194 intercepted calls, revealing incriminating conversation involving the petitioner in negotiations and distribution of illegal gains. Thus, a larger conspiracy is to be unearthed, for which the custodial interrogation is needed.
“Principles of natural justice are not applicable at the stage of reporting a criminal offence. Providing an opportunity of being heard prior to the commencement of a criminal action, would frustrate the very purpose of initiating a criminal proceeding, which is to meet the ends of justice”.
“Prima facia, this Court finds merit in the petitioner’s argument that the publication of his name in the newspaper clipping, has resulted in a violation of human rights as the same has harmed his dignity and professional standing.”
The High Courts should direct for CBI investigation only in cases where material prima facie discloses something calling for an investigation by CBI and it should not be done in a routine manner or on the basis of some vague allegations. The “ifs” and “buts” without any definite conclusion are not sufficient to put an agency like CBI into motion.
Recruitments to various posts of Primary School Teachers; Assistant School Teachers; Group C staff; and Group D staff, was questioned before the Calcutta High Court challenging the legitimacy of the procedures followed in the recruitments.
It was alleged that Michel being a consultant of AgustaWestland, he was roped in for liaison work, in furtherance of which he and another person combined received more than Euro 70 million in the companies beneficially owned and controlled by them.
A plain reading of Section 32A IBC reveals that once a resolution plan is approved under Section 31, the Corporate Debtor shall not be prosecuted for an offence committed prior to the commencement of the CIRP. However, this immunity does not extend to the erstwhile officers and persons responsible for the conduct of its business prior to CIRP.
“The ‘laws’ applicable to the undivided State of Andhra Pradesh would continue to apply to the new States, namely, the State of Telangana and the State of Andhra Pradesh despite the bifurcation of the erstwhile State of Andhra Pradesh till such time they were altered, repealed or amended.”
The matter was remanded to the Special Judicial Magistrate for a fresh decision regarding the applications preferred by Ram Rahim and the doctor in view of the present Order.
“Mere observation that the investigating authorities may have taken a lackadaisical ethical approach does not warrant the accused being put through the wringer once more for the same offence.”
Delhi High Court affirmed that Explanation-II of Section 44(1)(b) of the PMLA applies retrospectively
“Appellate Courts must also keep in mind that the conditions imposed while suspending sentence of fine, should not be such that they are impossible to comply with, for such condition may amount to defeating the appellant’s right of appeal against the order of conviction.”
With this order, all the accused in the liquor policy case—including AAP leaders Arvind Kejriwal, Manish Sisodia, Sanjay Singh, and BRS leader K. Kavitha, have been granted bail.
The Court directed West Bengal Govt. to submit an affidavit to disclose the selection process which is followed for the recruitment of the Civic Volunteers and the steps which have been taken to ensure that such Civic Volunteers do not operate in sensitive establishments.
The SIT formed by SC shall consist of 2 officers of CBI, nominated by the Director; 2 officers of Andhra Pradesh State Police; and 1 senior officer of FSSAI.
“There is a great sanctity attached to the proceedings conducted in the Court. No professional much less legal professional, is immune from being prosecuted for his/her criminal misdeeds.”
In 2015, the minor left the school but did not reach his house and three days later, his body was found by the police, and it was alleged that he was murdered after being subjected to unnatural sexual intercourse.
The Court also directed the West Bengal Govt. to take steps to create confidence in the doctors vis-a-vis their safety and emphasised that resident doctors cannot be oblivious of the needs of the general community whom they are intended to serve, and they should return to work within the time indicated.
Sandip Ghosh was the Principal of the RG Kar Hospital and College where the brutal rape and murder of a doctor took place on 9-08-2024. The Calcutta High Court on 13-08-2024 had transferred the investigation to CBI relating to the doctor’s death.