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It is the case of the prosecution that the present applicant helped other Chinese nationals who were responsible for building the loan app and facilitating the opening of bank accounts of non-existent companies for the transfer of duped money.
LOCs impinge upon the individual’s right to travel which is recognised as a Fundamental Right. However, the rights and interest of the investing public would also be a relevant consideration which cannot be ignored.
The Mumbai blasts which are the subject matter of the reports, were one of the worst terror attacks on India, leading to hundreds of deaths and hundreds of injured persons. Thus, reports/dossiers on such investigations can have a major bearing on India’s security, sovereignty and integrity.
To hold that conducting virginity test on a woman who is victim of sexual assault and on a woman who may be an accused of an offence will be on different footing or that the earlier will be unconstitutional and the later constitutional, will be a perverse finding and against the intent of the Constitution of India and Article 21. However, this should not mean to be taken to be a shield for the detainee from legitimate interrogation by police as per the procedure established by law.
A Huge number of valuables including gold and silver bricks were recovered at Sanjay Popli’s home during investigation. Thus, the Punjab and Haryana High Court found it unsafe to release him at this stage while investigation is still underway for another case pertaining to accumulation of disproportionate assets.
Allahabad High Court has held that the Trial Court has, after analysing the entire facts and evidence have concluded that there is sufficient ground to frame charges against the accused, and thus has rejected the discharge application. So, there is no illegality in the impugned order
The writ petitions raise an important question relating to the powers of the Enforcement Directorate (ED) to provisionally attach properties under Section 5 of the Prevention of Money Laundering Act, 2002 (PMLA) even though no proceedings relating to the predicate offense may have been initiated by the competent agency functioning under an independent statute and in terms of which the scheduled offense stands created.
NIA has not done an investigation with respect to the co-conspirators involved in planting gelatin sticks in the Scorpio vehicle. We hope and trust that NIA, in right earnest, will investigate this aspect since further investigation under Section 173(8) is pending.
The prayer seeking free public access to chargesheets and final reports was made relying on ruling in Youth Bar Association of India v. Union of India, (2016) 9 SCC 473, wherein the Supreme Court had directed copies of FIRs to be published within 24 hours of their registration on the police websites or on the websites of the State Governments.
The Supreme Court noticed that in the case at hand, without giving any reasonable time to the investigating agency to investigate the allegations in the FIR, the Madras High Court has, in haste, quashed the criminal proceedings.
“The Courts have the power to cancel the bail and to examine the merits of the case in a case where the accused is released on default bail and released not on merits earlier. Such an interpretation would be in furtherance to the administration of justice.”
Delhi High Court: In a bail application filed by the accused, Kapil Taneja, seeking bail for alleged offences under Sections 419, 420,
Justice C.T. Ravikumar is known among the legal circle for having a firm grasp of precedents and statutory provisions.. We have curated some of his important High Court and Supreme Court decisions.
The case involves illegal international telephone exchange setup was found in Chawri Bazar, Old Delhi run by one Zulifiqar Ali alias Raja by using new era software-driven technology for routing calls from foreign countries like USA, UAE, Canada, Australia, etc. to India via illegal route of internet by passing the legal international and national call gateways of India.
A written statement sent by post or deliver by another person, may not fall under ‘to examine orally' but a written statement submitted by witness himself to I.O., and if the I.O. has assured its genuineness and reduced it in writing, shall be a statement duly recorded under Section 161 CrPC.
The Delhi High Court had initiated criminal contempt proceedings against defendants in a suit after the Registrar (Vigilance)’s inquiry revealed that the defendants placed a fabricated Intellectual Property Appellate Board’s Order on record.
Punjab and Haryana High Court granting bail to the petitioner emphasised that the NDPS cases can only survive in case the prosecution is able to establish that the article recovered is indeed a contraband and which can only be established on the basis of its chemical examination, which is normally done through FSL.
The Telangana High Court upheld the conviction of a husband under Section 498A of Penal Code, 1860 (IPC) despite there being contradictions in the dying declarations as there were consistent statements about abuse and cruelty committed on the wife in all the dying declarations.
Delhi High Court: In a case filed by a US based company for protection of its mark ‘JOHN DEERE’ and