by Anuj Berry†, Sourabh Rath††, Megha Janakiraman††† and Aparajito Sen††††
Supreme Court observed that “mere delay in trial pertaining to grave offences as one involved in the instant case cannot be used as a ground to grant bail.”
Supreme Court noted that the right of the investigating officer to pray for further investigation in terms of Section 173 (8) is not taken away only because a chargesheet is filed under Section 173 (2) against the accused.
Calcutta High Court invoked Section 465 of the CrPC, emphasizing that no finding, sentence, or order shall be reversed unless a failure of justice has been proven.
“Under Section 311 CrPC, the power lies in the Courts only and under Section 233 CrPC, the right lies with the accused and the court’s interference is limited”
Allahabad High Court allowed the husband to avail the appropriate legal remedies, under civil and criminal law
In this case the complainant had challenged the “flea bite sentence” passed by the Trial Court against the accused who had pleaded guilty of causing death of 8 stray puppies.
by Ram Kumar†
“While there can be no dispute on the fact that complainant himself may have been guilty of not having paid the instalments in accordance with the Loan Agreement with the Finance Company, however, the recovery of the vehicle can only be made in accordance with the law.”
“Due to accessibility of sexually explicit material on the internet, porn addiction is becoming a growing concern in teenagers. With the click of a button, they can be exposed to endless pages of adult content”
“The punishment under PFA and the penalty under the FSSA cannot be imposed on the violator for the same misbranding because it will amount to double jeopardy, which is prohibited under Article 20(2) of the Constitution of India.”
“Any allegation made orally or in writing to a Magistrate that some person, has committed an offence, will fall within the meaning of ‘complaint’. Pertinently, the definition specifically excludes a police report.”
The High Court further stated that, truth is no defence for publishing defamatory material against a private citizen where no public interest is involved.
“No Court shall take cognizance of any offence punishable under Section 172-188 of the IPC, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate”.
“The concerned Investigating Agency cannot expect anyone who is an accused, to sing in a tune which is music to their ears, more so, whence such an accused, is well and truly protected under Article 20(3) of the Constitution.”
“In order to prosecute and punish a witness for offence of perjury, it must be established that the statement was made by him deliberately and consciously, which subsequently, was found to be false as a result of comparing it with other unimpeachable evidence on record”.
“If power is given to the Special Court under Section 436(2) of the Companies Act, 2013 (‘the Act’) to try offences other than those under the Act, then SFIO’s power to investigate into such offences cannot be restricted.”
“The father-in-law and mother-in-law watched the lovemaking moments of her own son and daughter-in-law on the TV screen in their bedroom and that they also compelled their son to take nude videos and photographs of the daughter-in-law and shared it on family WhatsApp group.”
“Section 131 of the Income Tax Act allows the income tax authority to investigate and inquire about property, cash, or valuables obtained during an investigation by other law enforcement agencies, even if no income tax case was pending and the authority can conduct an inquiry to ensure that the appropriate income tax has been paid on the possessions.”