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Landmark Judgments and Articles on Law

HC: Magistrate can’t permit questioning of an accused being tried by Special Court ( PMLA)

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU WRIT PETITION No.19042 OF 2022 (GM-RES) HARSHA D., S/O LATE DODDANANJAIHA Vs STATE BY HIGH GROUND POLICE STATION Coram:  MR. JUSTICE M. NAGAPRASANNA DATED: 17TH DAY OF OCTOBER, 2022 The petitioner is before this Court calling in question…

Is the accused’s right to get default bail curtailed if the police add graver charges against him?

Bombay High Court Bail Application No. 271 of 2022, Decided On: 25.04.2022 Alnesh Akil Somji Vs. The State of Maharashtra Hon’ble Judges/Coram: C.V. Bhadang, J. Citation: MANU/MH/1726/2022 1. By this application the applicant (Accused No. 1) is seeking bail under section 167(2) of the Criminal Procedure…

Police officials sent to jail for their wilful, deliberate disobedience and not following proper rules

THE HON’BLE Dr. JUSTICE G. RADHA RANI CONTEMPT CASE No.826 of 2021 06.06.2022 Jakka Vinod Kumar Reddy S/o.Late Jakka Narasimha Reddy, R/o.Plot No.974, Road No.49, Jubilee Hills, Hyderabad, presently residing At Zerene Vilage since February 2016, Phuttamonthon Sai-3 Road, Bangkok-10160, Thailand and others …. Petitioners…

Quashing Section 447 of the Companies Act with CrPC 482

THE HON’BLE Dr. JUSTICE G. RADHA RANI CRIMINAL PETITION No.8025 OF 2021 AND CRIMINAL PETITION No.8024 OF 2021 COMMON ORDER: Both these petitions are filed by the petitioners under Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C. No. 31…

Matrimonial case can’t be transferred on ground of distance/ financial stress if plea u/s 24 HMA has already been allowed

High Court of Judicature at Allahabad A.F.R. Court No. – 9 Case :- TRANSFER APPLICATION (CIVIL) No. – 704 of 2021 Applicant :- Smt. Shalinee Dubey @ Radhika Dubey Opposite Party :- Abhishek Tripathi @ Gopal Counsel for Applicant :- Chaman Aara,Shiv Vilas Mishra Counsel…

Lawyer who plays fraud can’t be on advocates’ roll

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 11113 OF 2016 M/S. ADVANTA INDIA LTD. …..APPELLANT(S) VERSUS B.N. SHIVANNA …..RESPONDENT(S) JUDGMENT A.K. SIKRI, J. An important question of law that needs to be determined in this appeal pertains to the power…

After Issuance of 41-A CrPC notice Police Can’t arrest Without Magistrate’s Permission

Telangana High Court THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.824 of 2022 ORDER This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, seeking bail to the petitioner/A.1 in the event of his arrest in connection with Crime No.109…

Section 438 CrPC – While dismissing Anticipatory Bail, is it legally permissible to direct the accused to Surrender ?

IN THE HIGH COURT OF KERALA AT ERNAKULAM R.NARAYANA PISHARADI, J. B.A.No.3864 of 2021; 6 July, 2021 (Crime No.224/2021 of Museum Station, Thiruvananthapuram District) RAHUL R.U. Vs. STATE OF KERALA Petitioner / Accused: By Adv. Vivek Venugopal; Respondent: A Rajesh – SPL PP VACB O…

Whether Will trial be vitiated if the complainant/informant is investigating officer?

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on : 30th July, 2021 BAIL APPLN. 112/2021 and CRL.M.(BAIL) 81/2021; BIMAL KUMAR JAIN and NARESH JAIN Vs DIRECTORATE OF ENFORCEMENT CORAM: HON’BLE MR. JUSTICE YOGESH KHANNA 1. These petitions are for grant of bail…

Whether provision declared unconstitutional by court gets wiped out of statute book?

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on : 30th July, 2021 BAIL APPLN. 112/2021 and CRL.M.(BAIL) 81/2021; BIMAL KUMAR JAIN and NARESH JAIN Vs DIRECTORATE OF ENFORCEMENT CORAM: HON’BLE MR. JUSTICE YOGESH KHANNA 1. These petitions are for grant of bail…

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