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Search U/s 132 Is Invalid If Material Considered For Authorizing Search Is Irrelevant And Unrelated: Bombay High Court
1. Background: Echjay Industries Pvt Ltd filed a writ petition challenging actions taken by the Union of India. The case pertained to alleged irregularities in income tax procedures and a subsequent search and seizure operation. 2. Section 132 of the Income Tax Act: The case revolved around the interpretation and…
NDPS Act, Confiscation Of Vehicle Can't Be Ordered Without Hearing Its Registered Owner : Supreme Court
In a significant ruling, the Supreme Court of India has directed a fresh hearing regarding the confiscation of a vehicle under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). This decision came in light of an appeal filed by Pukhraj, challenging the order of confiscation of his vehicle, a dumper,…
PMLA Accused Who Has Spent Half Of Maximum Sentence As Undertial Can Be Given Bail Under S.436A CrPC : Supreme Court
In a significant ruling, the Supreme Court of India has granted bail to Ajay Ajit Peter Kerkar under Section 436A of the Code of Criminal Procedure, 1973 (CRPC). This decision comes after Kerkar's prolonged incarceration in connection with charges under the Prevention of Money Laundering Act, 2002 (PMLA). Background…
Supreme Court Stays High Court Order Insisting on Personal Appearance of Petitioners in Marital Dispute Case
In a significant development, the Supreme Court of India, on 20th May 2024, stayed an order passed by the Calcutta High Court that insisted on the personal appearance of the petitioners in a marital dispute case. This decision was made by the bench comprising HON'BLE MR. JUSTICE DIPANKAR DATTA and HON'BLE MR. JUSTICE…
Man Convicted Under Section 304 IPC for Fatal Assault on Mother: Karnataka High Court
In a recent development, the court has delivered its verdict in the case of the accused charged with assault under Section 304 of the Indian Penal Code (IPC). Here are the details of the case and the court's decision: Case Overview: The case involves a tragic incident where the accused, Mr. Rajesh Kumar, was charged…
In Family Land Disputes, Initial Burden Of Proof Is On Those Claiming Property Is Joint Hindu Property: Allahabad High Court
The case, originally filed as Writ B No. 3434 of 1981, involves a dispute over the ownership of land recorded in the Basic year Khatauni as Khata No. 875. The petitioners, Ram Bahal and others, challenged the orders passed by the Settlement Officer (Consolidation) and the Deputy Director of Consolidation in 1981. Key…
Sessions Court Can Cancel Pre-Arrest Bail Granted By High Court On Account Of Subsequent Events But Can't Adjudicate Upon Its Veracity: Punjab & Haryana High Court
In a recent ruling by the High Court of Jammu & Kashmir, Justice Sanjay Dhar pronounced his judgment on Bail Application No. 237/2023 C/W Bail App No. 240/2023, concerning charges under Sections 302, 307, 458, 436, 511, 201, 120-B RPC, and 7/25 Arms Act. The petitioners, Abdul Rashid and Shafkat Hussain, residents of…
Court Denies Bail To Accused In NSCN (IM) Terror Funding Case: Delhi High Court
The High Court of Delhi recently upheld the denial of bail to Mr. Masasosang Ao, accused in a case registered by the National Investigation Agency (NIA) under various sections of the Unlawful Activities (Prevention) Act, 1967 (UAPA), and the Indian Penal Code, 1860 (IPC). The case revolves around the alleged…
Court refuses to quash FIR against advocate booked for posing as Train TTE: Madhya Pradesh High Court
In a recent ruling by the Hon'ble Smt. Justice Anuradha Shukla at the High Court of Madhya Pradesh, a plea filed under Section 482 of the Criminal Procedure Code, 1973, by Advocate Rohit Kumar Mishra seeking the quashing of an FIR has been dismissed. The case, Misc. Criminal Case No. 31910 of 2023, revolves around…
Not Fair Trial, Police Failed To Communicate With Accused Who Was Of Kenyan Origin: Punjab & Haryana High Court Quashes Conviction In Drugs Case
In a significant ruling on May 14, 2024, the Punjab and Haryana High Court overturned the conviction of a Kenyan national, Jane Doe, who was previously sentenced under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The court found major procedural lapses and contradictions in the…
