Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Breach of public peace - Both the parties to dispute have rival claim regarding title to subject property and possession thereof - Executive Magistrate did not find himself able to decide possession of parties over it without any inquiry and hence, proceeding u/s 145 Cr.P.C was initiated - Alleged..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(1), 6 -- Rape - Victim was 14 weeks pregnant at the time of medical examination on 8.8.2023 - However, victim on her examination and her statement given u/s 164 Cr.P.C. said that she last had sex on 22.04.2023 with accused but to be 14 weeks pregnant, she..........
Constitution of India, 1950, Article 14, Advocates Act, 1961, Section 16, Supreme Court Rules, 2013, Order 4, Rule 2 -- Classification of Advocates - Designation - Designation as a Senior Advocate cannot remain the monopoly of the Advocates practicing in High Courts and this Court - If the designations are conferred only to the Advocates practicing in High Courts and this..........
Advocate -- Role of advocate - Mandatory guidelines which would cover the exercise of designation of senior advocates by this Court and all the High Courts - A direction was given to modify the norms/guidelines in existence so as to be in accord with the directions...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Offence against Company - Director - No specific allegation against petitioner - He was not made party in original complaint before Industrial Tribunal as well as in appeal before High Court and Supreme Court - Complaint was lodged against petitioner solely on the ground that he is one of directors of..........
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3 -- Detention order - Judicial review - Order of Detaining authority is not wholly immune from the judicial review ability - The court must apply its mind as to whether the Detaining Authority has scrupulously followed the procedure - Further, any infraction or procedural lapse..........
Criminal Procedure Code, 1973, Section 311 -- Examination of private handwriting expert - FSL report of suicide note - Suicide note in question was already examined by police during investigation from concerned Department - Said examination was deemed to be legitimate - Since Court had already ruled in the matter and petitioner did not obtain necessary approval to conduct..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 465, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1), 13(2) -- Bail - Cheating - Investigation of case based on documentary evidence, is complete - Entire incrimination evidence collected against petitioner is already part of challan which stands presented before..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Decree of restitution of conjugal rights passed against wife - Passing of decree of restitution of conjugal rights is not a bar to award any maintenance to wife if Court is convinced and satisfied that she is living separately from her husband with valid reason...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 201, 120B, 34 -- Bail - Cheating - Money scam - Appellant is in custody since December 2023 - Prosecution intends to examine 189 witnesses - Total amount involved in the alleged scam is approximately Rs.4 Crore but Rs.35 lakhs attributes to appellant - Appellant directed to deposit an amount..........
