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The High Courts should direct for CBI investigation only in cases where material prima facie discloses something calling for an investigation by CBI and it should not be done in a routine manner or on the basis of some vague allegations. The “ifs” and “buts” without any definite conclusion are not sufficient to put an agency like CBI into motion.
“There is a clear distinction between the Avoidance Applications that may be filed by the Resolution Professional in view of Section 25(2)(j), for avoidance of transactions in accordance with Chapter III of the IBC, and the applications that may be filed in respect of the fraudulent trading or wrongful trading under Section 66, which falls under Chapter VI of the IBC.”
The High Court unfortunately reversed the acquittal without anything other than a finding on alibi having not been proved and the accused not having offered any explanation regarding the death of the deceased, which occurred while they were living together.
“Even if the litigants do not understand what is in their best interest, it is the duty of the Court to deliver substantial justice.”
“Merely because the witnesses are relatives of the deceased, and as such are interested witnesses, that alone cannot be a ground to discard their testimony. The only requirement is that the testimony of such witnesses has to be scrutinized with greater caution and circumspection.”
“There was no promise of marriage to coerce consent from the complainant for sexual intercourse.”
“In cases of group clashes where a large number of persons are involved, an onerous duty is cast upon the Courts to ensure that no innocent bystander is convicted and deprived of his liberty.”
The Court also refused to issue a blanket direction restraining the registration of FIRs against him or mandating a preliminary inquiry in all future cases involving him, opining that such a direction would not only be contrary to the statutory framework of the CrPC but would also amount to judicial overreach.
A legal representative is one, who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent or child.
For the purpose of transfer of any case or proceedings under Section 406 of the CrPC, the case must fall within the ambit of the expression “expedient for the ends of justice”.
“Even if the suicide note is taken as correct and genuine, there was no act of incitement on the part of the accused persons proximate to the date on which the deceased committed suicide.”
“The motive for the commission of the offence was absent and the same was very relevant as the case was based on circumstantial evidence.”
Key rulings and landmark decisions from February 2025 shaping the legal landscape.
Recruitments to various posts of Primary School Teachers; Assistant School Teachers; Group C staff; and Group D staff, was questioned before the Calcutta High Court challenging the legitimacy of the procedures followed in the recruitments.
It was alleged that Michel being a consultant of AgustaWestland, he was roped in for liaison work, in furtherance of which he and another person combined received more than Euro 70 million in the companies beneficially owned and controlled by them.
“Delays are bad for the accused and extremely bad for the victims, for Indian society, and for the credibility of our justice system, which is valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently.”
“We don’t see that anybody gets better treatment in this Court because he has a different gown,” the Bench remarked.
“We expected the State to put on record reasons for detaining 270 foreign nationals in the transit camp and details of the steps taken by the State Government for deporting the detenues in the detention camp.”
The victim-wife and the accused-husband married each other as per Sikh rites and ceremonies against the wishes of her family. The wife accused the husband of rape and also alleged that the marriage was solemnised forcibly by the accused.
Key rulings and landmark decisions from January 2025 shaping the legal landscape, including the spotlight on Supreme Court Judges from our ‘Know Thy Judges’ Feature.