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To attract the offence under Section 3061 of the Penal Code, 1860, clear mens rea to commit the offence must be established on applicant-accused’s part, as it requires active/direct act, leading the deceased to commit suicide.
If the criminal procedures are continued in the present case, it is not likely to result in conviction and will amount to abuse of process of law.
From the arrest panchnama it is evident that the information is given to his wife on the cell number provided by petitioner-accused and apart from that there are no grounds of arrest mentioned in the arrest surrender form.
Petitioner’s emails are related to preparation for briefings and presentations and have information about Engines and meetings with the Airbus. Further, emails that are forwarded to his attorney in Austria after resignation, seek legal advice on the issue, relating to his exit from the company and has no concern with the Company’s information.
Only the disputes which are commercial disputes within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 can be entertained by Commercial Courts or Commercial Division and Commercial Appellate Division of High Courts.
The moment petitioner was intercepted by the Immigration officers around 10:00 pm, on 13-08-2024, allegedly based on a Look Out Circular, he was deprived of his liberty and he ceased to be free.
Although HSBC has initiated the proceedings before the Court in UAE, seeking orders to pay the amount under the facility letters and to obtain a decree, ARF SV 1 Sar-applicant is entitled to pursue the claim in execution in the Courts in India by filing the Execution Application.
The Court referred to Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360 quoting Justice V.R. Krishna Iyer that “to be poor, in this land of Daridranayan, is no crime, and to recover debts by the procedure of putting one in prison is too flagrantly violative of Article 21 unless there is proof of the minimal fairness of his wilful failure to pay in spite of his sufficient means”.
“When the liberty of a person is imperiled, immediate action should be taken by the relevant authorities”
The Court emphasised that if parole could be granted for the purpose of celebration of marriage, the same benefit can be extended to the convict for the instant contingency and the same shall not be denied merely because the Prison (Bombay Furlough and Parole) Rules, 1959 does not contemplate such contingencies
The vesting of the power for the confirmation of the nomination of arbitrators in the General Manager of the employer, runs contrary to the principle of impartiality and independence of the arbitration process.