The reason given in the arrest memos to arrest the petitioners, having regard to the facts, appears to be casual, mechanical and perfunctory, clearly without application of mind. The grounds for arrest of the petitioners mentioned in the arrest memos clearly breach the mandatory provisions of Sections 41 and 41-A and 60-A of the Criminal Procedure Code.
Arbitration and Conciliation Act, 1996 — S. 33 — Power of modification of award under — Scope of: Award can be modified
Criminal Procedure Code, 1973 — Ss. 437 to 439 — Bail applications: If more than one bail application is filed
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 Court observed that there is an increase in the cases of sexual offenses against the child. The child sexual abuse cases demonstrate the inhumane mindset of the accused. There is an adverse impact of the incident on the victim, on her family members, and even on society.
Gujarat High Court denied showing any leniency while deciding bail application of accused charged with offences under POCSO Act.
by Mohit Gupta
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.
Commercial Courts Act, 2015 — S. 12-A — Rejection of plaint for non-compliance with S. 12-A i.e. in cases where
Allahabad High Court: In an application filed under Section 439, Criminal Procedure Code seeking bail in FIR No. 317 of 2022, registered
by Prof. B. Vijayalaxmi*
Patiala House Court (New Delhi): In a bail application plea under Section 439 of the Code of Criminal Procedure, 1973
Criminal Procedure Code, 1973 — Ss. 451 and 457: In this case, civil suit was pending between financier of vehicle
Any irregularity or illegality in the remand order is not a statutorily sanctioned reason for grant of default bail
Arbitration and Conciliation Act, 1996 — S. 31(7) and Ss. 17, 21, 23(3), 24(1), 25, 26, 29 and 85(2)(a) —
Income Tax Act, 1961 — Ss. 260-A, 269 and 120 — Appropriate High Court for filing appeal or reference against
“When in the course of investigation, the Investigating Officer has not found anything incriminating against someone, then reflecting him or her as a ‘suspect’ in the Investigation Report, is not acceptable in law, as the word ‘suspect’ undoubtedly casts a stigma on such a person.”
By Surbhi Sharma† and Hiresh Choudhary††
Civil Procedure Code, 1908 — S. 96, Or. 41 Rr. 31 and 33: Principles summarised regarding powers and duty of
The Central Government has notified Criminal Procedure (Identification) Rules, 2022 in order to specify the procedure for taking measurements of