Legal Updates

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…

Default Bail- 167(2) CrPC- Challan Incomplete- Absence of FSL Report- Incomplete Chargesheet

Default Bail- 167(2) CrPC- Challan Incomplete- Absence of FSL Report- Incomplete Chargesheet

Limitation period in Civil and Criminal cases (Revision and Appeals)

Limitation Period:

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…

Filing false and frivolous cases against her husband amounted to cruelty. “Divorce u/s 13 of Hindu Marriage Act, 1955”

Filing false and frivolous cases against her husband amounted to cruelty

Quashing of – Complaints /charge sheets

TELANGANA AND ANDHRA PRADESH HIGH COURT Before:- A. Ramalingeswara Rao, J. Writ Petition Nos. 21422 of 2002; 4687, 8096, 8786 and 17623 of 2010. D/d. 26.9.2014. V. Janardhana Babu and…

Quashing of FIR on the basis of Compromise.

The bench of Justice Anoop Chitkara was dealing with the petition filed under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with…

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

Pregnancy Termination-What does Supreme Court Says?

Pregnancy Termination-Judgment Supreme Court

Compassionate appointment – No entitlement of compassionate appointment after number of years from death of deceased employee.

SUPREME COURT OF INDIABefore :- M.R. Shah and Krishna Murari, JJ. Civil Appeal No. 6938 of 2022. D/d. 30.9.2022. The State of Maharashtra and Anr. – Appellant Versus Ms. Madhuri…

Offence under NDPS Act – Applicability of Section 27A NDPS Act is seriously questionable – Bail upheld.

Offence under NDPS Act – Applicability of Section 27A NDPS Act is seriously questionable – Bail upheld. SUPREME COURT OF INDIA Criminal Appeal No. 923 of 2022 (Arising Out of Slp (Crl.) No.…

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…

Conviction set aside

The Punjab and Haryana High Court has allowed the criminal appeal preferred by a father who was convicted by a Sessions Court in Jalandhar for the murder of his teenage…

Section 143-A of the Negotiable Instruments Act, 1881 are directory rather than mandatory.

The Bombay High Court has said that courts don’t have a duty to grant interim compensation to the complainant in a cheque bounce case. If interim compensation is granted, the…

Quashing of rape case, 376 IPC

While quashing a rape case, the Supreme Court observed that there is a distinction between a false promise to marriage and a breach of promise which is made in good…

Only in a trial can it be held whether a property is ancestral property or self acquired properties and therefore amendment of the plaint at the pre-trial stage to include such properties, is permissible.

The Karnataka High Court has said only in a trial can it be held whether a property is ancestral property or self acquired properties and therefore amendment of the plaint…

The service of notice upon the accused in cheque dishonour case cannot be denied in light of Section 27 of the General Clauses Act, which provides a presumption in favour of the complainant that the notice had been delivered.

The Punjab and Haryana High Court recently held that the service of notice upon the accused in cheque dishonour case cannot be denied in light of Section 27 of the…

Narcotic Drugs and Psychotropic Substances Act, 1985 ; Section 37 – At the stage of examining an application for bail in the context of the Section 37 of the Act, the Court is not required to record a finding that the accused person is not guilty. The Court is also not expected to weigh the evidence for arriving at a finding as to whether the accused has committed an offence under the NDPS Act or not. The entire exercise that the Court is expected to undertake at this stage is for the limited purpose of releasing him on bail. Thus, the focus is on the availability of reasonable grounds for believing that the accused is not guilty of the offences that he has been charged with and he is unlikely to commit an offence under the Act while on bail. (Para 15)

The Supreme Court observed that the expression “reasonable grounds” used in Section 37(1)(b) under NDPS Act would mean credible, plausible grounds for the Court to believe that the accused person…

Grant of Anticipatory Bail u/s 420 & 406 IPC

Evidence of Discovery, Section 27 Conditions

Advocate, Punjab & Haryana High Court, Chandigarh

Extension of OTS- extension of time can be granted for completion of the payment under the One Time Settlement (OTS)

Extension of OTS- extension of time can be granted for completion of the payment under the One Time Settlement (OTS) nsion of time for completion of the payment under the One Time Settlement (OTS)

Who is Proclaimed Offender? Procedure, its effects & consequences, discussed. How to get the PO order quashed? Absconder in Section 82 CrPC- Judgments, Settled Law by Supreme Court of India and Various High Courts

Who is Proclaimed Offender? Procedure, its effects & consequences, discussed. How to get the PO order quashed? Absconder in Section 82 CrPC- Judgments, Settled Law by Supreme Court of India…

Vimalben Ajitbhai Patel Vs Vatsaben Ashokbhai Patel- on Section 82 CrPC, Proclaimed offender

Supreme Court of IndiaVimalben Ajitbhai Patel vs Vatslabeen Ashokbhai Patel And … on 14 March, 2008Author: S.B. SinhaBench: S.B. Sinha, V.S. SirpurkarCASE NO.:Appeal (civil) 2003 of 2008 PETITIONER:Vimalben Ajitbhai Patel…

Devas Threatens New Arbitration In Indian $1.3B Award Fight

India has been threatened with a treaty claim by the Mauritius-based shareholders of satellite company Devas Multimedia Pvt. Ltd. over New Delhi’s alleged attempts to avoid paying a nearly $1.3…

Supreme Court Declines To Hear Plea To Stop Part Of Central Vista Work

[ad_1] Central Vista Project: The grand makeover plan recently received an environmental go-ahead New Delhi: The Supreme Court refused to hear a petition for stopping construction work on the Central…

Election Commission panel counsel in Supreme Court resigns

[ad_1] Advocate Mohit D Ram resigned saying, ‘my values are not in consonance with the current functioning of the commission’. Mohit D Ram had been the panel counsel representing ECI…

India Supreme Court strikes down state affirmative action law and upholds 50 percent ceiling

[ad_1] A five-judge constitution bench of the Supreme Court of India on Wednesday struck down a Maharashtra state government statute on reservation, a system of affirmative action in India, and upheld…

Bombay High Court Asks Why Local Alternatives Are Not Publicised Enough

[ad_1] The Bombay High Court on Thursday asked why the Union and State Government didn’t publicise alternatives to imported drugs used for treating Covid-19 patients. “The reasons to popularise foreign…

Basic Structure of Constitution of India/Basic Structure Doctrine.

Basic Structure of Constitution: The phrase ‘basic structure’ itself is no where mentioned in the Constitution. The Supreme Court recognized this concept for the first time in the historic Kesavananda…

Mischief: Section 425 IPC, Bail, Quashing

Section 425 IPC : Mischief Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.

Latest Law on Quashing of FIR 2020

What is Quashing of FIR? Quashing means to abate, overthrow, or to dismiss it or to make it completely void. Generally, quashing of an FIR (first information report) in criminal proceedings means completely stopping the process of the legal proceedings that are in process. Section 482 Cr.P.C enables the High Courts to pass such order of Quashing of FIR to secure the ends of Justice

Anticipatory Bail Not Maintainable After Cancellation Of Regular Bail : Held By Supreme Court Of India

Anticipatory Bail Not Maintainable The Question of Law regarding the maintainability of Anticipatory Bail after the cancellation of regular Bail has been decided by the Supreme Court of India.

Court Marriage in Chandigarh, Matrimonial Lawyer in Chandigarh, One of the best Law Firm in Chandigarh

Court Marriage Procedure and List of All Documents Required. Court Marriage in Chandigarh, Matrimonial Lawyer in Chandigarh, One of the best Law Firm in Chandigarh

Guidelines on Maintenance u/s 125 CrPC laid down by Supreme Court and ensures uniformity

Guidelines on Maintenance laid down by Supreme Court. The right to claim maintenance under all enactments, including those under Section 125 of the CrPC, must date back to filing of…

Is Foreign Divorce valid in India ?

Is Foreign Divorce valid in India ? or Whether the divorce granted in abroad is valid in India? This question is becoming common in our society. Often it is seen, the people having different temperament could not settle as happily married couple and therefore they tend to part from each other and opt for the decree of Divorce. Now, the difficulty arises when one of the parties has their domicile in one county and one of them obtains matrimonial relief in other country

Special Power of Attorney and Sale of Property

What is Special Power of Attorney? There may be many circumstances in a person’s life who owns assets, properties, bank accounts, etc. but who at that moment may not be…

Death in police custody – No quashing of FIR against former Director General of Police of Punjab Police and transfer of his case to CBI.

PUNJAB AND HARYANA HIGH COURT Before :- Fateh Deep Singh, J. CWP No.12186 of 2020 (O&M). D/d. 08.09.2020. Sumedh Singh Saini – Petitioner Versus State of Punjab and others –…

Further Investigation – Where the constitutional court is satisfied that the investigation is not conducted in a proper manner a fresh investigation with the help of an independent agency can be considered to secure the ends of justice – Power may also be exercised if investigation has been done to help someone escape the clutches of the law.

SUPREME COURT OF INDIA Before :- R.F. Nariman, Navin Sinha and Indira Banerjee, JJ. Writ Petition (Crl.) No.141 of 2020. D/d. 16.9.2020. Neetu Kumar Nagaich – Petitioners Versus The State…

Redemption of Property: Release of property to borrower: SARFAESI

Redemption of Property: Release of property to borrower: SARFAESI: Constitution of India, 1950 Article 226 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Section 13 (8) Redemption…

302 IPC converted to 304 part II IPC. Husband killed his wife finding her in compromising position with stranger, sentenced to 5 year R.I.

302 IPC converted to 304 part II IPC.

Conviction – Recovery of 20 kgs ‘charas’ – Narcotic powder/charas seized from possession of accused never produced before trial Court as material exhibit – Seizure panchnama not drawn at the spot where contraband recovered from car but drawn at Shamlaji Circuit House 12 km. Away – Private Car not a public conveyance, hence, search of private Car requires search-warrant even if search carried out on highway – Conviction reversed

Conviction - Recovery of 20 kgs 'charas' - Narcotic powder/charas seized from possession of accused never produced before trial Court as material exhibit - Seizure panchnama not drawn at the spot where contraband recovered from car but drawn at Shamlaji Circuit House 12 km. Away - Private Car not a public conveyance, hence, search of private Car requires search-warrant even if search carried out on highway - Conviction reversed