De codification of Section 102 CrPC: Can police freeze “bank account & money” during an investigation under Section 102?
by Varun Varma† and Himali Chaudhary††
Investigation
Del HC | “Ss. 69 and 132 of CGST Act prima facie valid; Power to arrest and prosecute is prima facie ancillary to power to levy and collect GST”: Read HC’s detailed analysis
Delhi High Court: The Division Bench of Manmohan and Sanjeev Narula, JJ., upheld the validity of Sections 132 and 69 of the
CBIC | Detection of evasion of customs duty by exporter on export of Iron Ore Fines; recovery of customs duty more than Rs 8 Crore
On the basis of specific intelligence, under the direction of the Commissioner of Customs (Preventive), Bhubaneswar Shri Debashish Sahu, investigation was initiated
MP HC | It is true that alternative remedy is not an absolute bar to a writ petition, but it is equally well settled that if there is an alternative remedy HC should not ordinarily interfere
Madhya Pradesh High Court: S.A. Dharmadhikari, J., dismissed the instant petition filed under Articles 226 and 227. The facts of the case
Kar HC | Interpreting the term ‘enquiry’ under S. 43A of Karnataka Panchayatraj Act 1993, Court lays strict emphasis on procedural compliance before any State Action of removal; Petition allowed
Karnataka High Court: A Division Bench of G. Narendar and M.I. Arun JJ., allowing the present petition, discussed the meaning, scope and
After a suicide note made it to newspapers in a dowry death case, Supreme Court says ‘Selective leaks to media neither fair to accused nor to victims’
“To expect that the family of the deceased should be scouring the pages of the print and electronic media before reporting the crime is a mockery of the human condition.”
SC finds investigation in Ram Nath Chaubey murder case involving BJP MLA Sushil Singh a sham “designed to conceal more than to investigate”. SIT to takeover
“To say that further investigation was not possible as the informant had not supplied adequate materials to investigate, to our mind, is a preposterous statement, coming from the police.”
Madras HC | “Every time a custodial death occurs, legitimacy of State suffers a big dent”; Judicial Magistrate to ensure that family of deceased be given access to see body & allowed to access photos and videos
Madras High Court: G.R. Swaminathan, J., observed that, What the government does must inspire the confidence of the people. Every time a
No relief to Skoda Volkswagen as SC refuses to quash FIR over alleged use of cheat devices
“The law is well settled that Courts would not thwart any investigation.”
Mere lack of State Government’s prior consent does not vitiate CBI investigation in absence of prejudice caused to accused; says SC
State of Uttar Pradesh has accorded a general consent for investigation of cases by CBI in the whole of UP.
[MV Act] Kar HC | Strict rules of evidence are not required to be followed in matters relating to MV Act, 1988; Petition allowed
Karnataka High Court: A Division Bench of Alok Aradhe and H.T. Narendra Prasad JJ., allowed the appeal stating that the Tribunal is
AP HC | Can the Magistrate apart from police officer be liable for departmental action along with Contempt of Court before HC? Law explained in light of Arnesh Kumar’s decision by SC
Andhra Pradesh High Court: Lalitha Kanneganti, J., addressed a matter wherein the accused was arrested without warrant alleged to have posted certain material
Government of Punjab withdraws General Consent of investigation granted to CBI
Government of Punjab vide Notification No. S.O. 52/C.A.25/1946/S.6/2020 withdraws the general consent accorded to the members of the Delhi Special Police Establishment.
Ori HC | Matter pending adjudication before Court is no bar for Lokayukta to exercise its powers under S. 20 (6) of Odisha Lokayukta Act, 2014
Orissa High Court: A Division Bench of Mohammed Rafiq and B. R. Sarangi, JJ., dismissed the petition and vacated the interim order.
HP HC | “How at times private educational institutions get down to blackmailing and hand-twisting, is best reflected in the instant case!” Relief granted to students whose original documents were retained by college
Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua JJ. disposed of the petition giving relief
Guj HC | High Court cannot exercise its inherent jurisdiction to quash the proceedings unless it is found that, allegations do not disclose the commission of cognizable offence
Gujarat High Court: Ilesh J. Vohra, J., heard a matter related to offences alleged under Sections 376 (2) (n), 377, 406, 498(A),
AP HC | Person occupying high posts are indulging in waging war against State of Andhra Pradesh’s Judicial system: HC orders CBI investigation
Andhra Pradesh High Court: A Division Bench of Rakesh Kumar and J. Uma Devi, JJ., while ordering CBI investigation in regard to defamatory
Guj HC | ”Truth is the motto and object of every investigation, let no stone be left unturned”; Court reminds CID [Vadodara Custodial Death]
Gujarat High Court: A Division Bench of Sonia Gokani and N.V. Anjaria, JJ., on 28-09-2020 during the proceedings of the Vadodara Custodial
NLU Jodhpur student’s death| SC orders fresh investigation by a new Investigation team after Rajasthan Police hastily submits a ‘very lengthy’ closure report
Supreme Court: The 3-judge bench of RF Nariman, Navin Sinha and Indira Banerjee, JJ has directed a de novo investigation into the
Proving a contradiction during a Trial
by Jeet J Bhatt*