Permission to go abroad during the pendency of criminal case.

Unlock new horizons with our expert guidance! Seeking permission from the Court to travel abroad during your criminal case? We’re here to make your dreams take flight. Our seasoned legal…

Section 42 NDPS Act-Compliance

Section 42 NDPS Act-Compliance

Landmark Judgment-Adulterous Conduct-Permissibility of DNA test of Child-Supreme Court

Landmark Judgment Adulterous Conduct, Permissibility of DNA test of child

NDPS-Bail-cannot permit the situation to prevail where the person is kept in incarceration for a long period of time with the trial hardly to commence.

PUNJAB AND HARYANA HIGH COURTBefore:- Jaishree Thakur , J. CRM-M No. 8409 of 2022 (O&M). D/d. 24.01.2023. Jagseer Singh and another – Petitioners Versus State of Punjab – Respondents Mr.…

NDPS – Recovery – Investigating Officer told the accused that his search was to be conducted and that he had the legal right to get his search conducted from him or from some police gazetted officer or from some Magistrate – It is the double breach of Section 50.

Section 50 NDPS Act Compliance- Breach, search before gazatted officer mandatory

Default bail – Without completing investigation of case, chargesheet or prosecution complaint cannot be filed by investigating agency.

Default bail-Criminal Procedure Code, 1973, Section 167(2) - Constitution of India, 1950 Article 21 - Prevention of Corruption Act, 1988, Sections 7, 12 and 13(2) - Indian Penal Code, 1860, Sections 120(B) and 420 - Default Bail - Can a chargesheet or a prosecution complaint be filed in piecemeal without first completing the investigation of the case? - Without completing investigation of case, chargesheet or prosecution complaint cannot be filed by investigating agency only to deprive arrested accused of his right to default bail under section 167(2) of the CrPC, 1973 - Held, Supplementary Charge-sheets filed during pendency of investigation just before expiry of 60 days just to scuttle right to Default Bail accrued in favour of Accused - Trial Court mechanically accepting incomplete Charge-sheets and remanding Accused beyond stipulated period - Investigating Agency - Trial Court failed to observe mandate of law and acted in manifestly arbitrary manner and in violation of Fundamental Rights guaranteed to Accused - Interim Order of Bail made absolute.

Recalling of Non Bailable Warrants without presence of accused

recalling of Non Bailable Warrants NBW

Law on Further Investigation-173(8) Cr.P.C.- after acceptance of Final report by Magistrate. Supreme Court

Further Investigation- 173(8) Cr.P.C.- Mandate of Law.  State through Central Bureau of Investigation v. Hemendhra Reddy (SC) : Law Finder Doc Id # 2209496SUPREME COURT OF INDIABefore:- Surya Kant and…

Auction Agricultural Land-Auction of secured property – Once secured property is put as security by way of mortgage etc. same cannot be treated as agricultural land and such properties cannot be said to be exempted from provisions of SARFAESI Act.

SUPREME COURT OF INDIA Before:-M.R. Shah and M.M. Sundresh, JJ. Civil Appeal Nos. 7402 of 2022(@ SLP (Civil) No. 14695 of 2020). D/d. 5.1.2023. K. Sreedhar – Appellants Versus M/s Raus Constructions Pvt. Ltd. &…

Framing of Charges-Trial Court did not consider the further investigation report while framing charges against the petitioner

Framing of Charges-Trial Court did not consider the further investigation report while framing charges against the petitioner. Therefore, petitioner challenged the said order of framing charges against him before Hon’ble…

SSP directed by Hon’ble High Court to check the involvement of DSP in illegal activity and pass speaking order. (Direction to Register FIR petition)

Harassment by Police under the influence of private party. IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARHSr. No.107 CRWP No. 654 of 2023Date of Decision : January 24, 2023Sukhdev…

Regular Bail under NDPS Act, Commercial Quantity.

Regular Bail under NDPS Act, Commercial Quantity.

Bail NDPS- Buprenorphine and Pheniramine Maleate (Avil)-Judgments

Sr.no. Title Relevant Findings 1. 2022 (1) Law Herald 735 PUNJAB AND HARYANA HIGH COURT Before:- Anoop Chitkara, J. CRM-M-2569 of 2022. D/d. 03.02.2022. Charanjit Kaur – Petitioner Versus State…

Quashing of Complaint under section 138 of Negotiable Instruments Act, 1881

Sought the quashing of complaint filed under section 138 of negotiable instruments act (cheque bounce) and its summoning order on various grounds. The Hon'ble High Court after considering the facts of the case and agreeing with the arguments, issued the Notice as well as stayed the proceedings qua the petitioners. Advocate Anoop Verma Punjab and Haryana High Court, Chanidgarh

2022 Latest Law on 319 CrPC: Supreme Court guidelines.

“I. Whether the trial court has the power under Section 319 of CrPC for summoning additional accused when the trial with respect to other coaccused has ended and the judgment…

Borrower cannot claim extension of time period under One time settlement scheme (OTS) as matter of right.

Extension of time to borrowers for making payment of balance amount under sanctioned beyond time granted under One time settlement scheme - Justifiability - Held, rescheduling payment under One time settlement scheme and granting extension of time tantamount to rewriting contract, which was impermissible while exercising powers under Article 226 - Modification of contract cab be done only by mutual consent under Section 62 of Contract Act - Further, under original One time settlement Scheme, sanctioned in year 2017, borrower was getting a substantial relief of approximately Rs. 3 crores - Sanctioned letter specifically shows that entire payment was to be made by 21.05.2018, otherwise One time settlement would be rendered infructuous - Therefore, High Court erred in granting extension of time to borrowers under One time settlement scheme quashed and set aside

NDPS Suspension of Sentence (Bail): Further incarceration would be violative of the right of the applicant-appellant enshrined under Article 21 of the Constitution of India :

NDPS Suspension of Sentence (Bail): Further incarceration would be violative of the right of the applicant-appellant enshrined under Article 21 of the Constitution of India

An amount of Rs. 5 Lakhs not recovered cannot be made a ground for disentitling to grant of Anticipatory Bail in asmuch as the the petitioner cannot be forced to get such amount recovered as the same would virtually amount to forcing of admission of guilt: Anticipatory Bail for the offence under section 420, 406, 120-B IPC granted by Hon’ble High Court of Punjab and Haryana

An amount of Rs. 5 Lakhs not recovered cannot be made a ground for disentitling to grant of Anticipatory Bail in asmuch as the the petitioner cannot be forced to get such amount recovered as the smae would virtually amount to forcing of admission of guilt:Anticipatory Bail for the offence under section 420, 406, 120-B IPC granted

Bail to the accused under POCSO Act: The intention of POCSO was to protect children below the age of 18 years from sexual exploitation. It was never meant to criminalise the consensula romantic relationship: DELHI HIGH COURT

Bail to the accused under POCSO Act: The intention of POCSO was to protect children below the age of 18 years from sexual exploitation. It was never meant to criminalise the consensula romantic relationship

Anticipatory Bail u/s 498A, 406 IPC granted by Hon’ble Punjab & Haryana High Court, Chandigarh

CRM-M-49984-2022 (O&M)Gurdeep Singh @ Gurdeep Singh Rupana Versus State of PunjabPresent:- Mr. Anoop Verma, Advocatefor the petitioner.…CRM-40797-2022Prayer made in the application is for exemption from filing thecertified copies of Annexures…

Dispossession under SARFAESI Act, 2002, Stayed by Hon’ble High Court

Hon’ble High Court stayed the dispossession under section 13(4) of SARFAESI Act, 2002

Bank initiated the recovery proceedings under SARFAESI Act, 2002 against the borrower and issued the possession notice u/s 13(4) of SARFAESI Act, 2002 and also took the permission from the…

Bail/Suspension of sentence for the offence under section 376 IPC and section 6 POCSO Act.

Bail/Suspension of sentence for the offence under section 376 IPC and section 6 POCSO Act. Hon’ble Court after considering the facts & arguments raised, was pleased to suspend the sentence…