famous  pmla cases in india 2022 
Experts CornerSiddharth R Gupta

by Siddharth R. Gupta†

allahabad high court
Case BriefsHigh Courts

Mazid Bayan is also a part of investigation, and it can be relied on by Investigating Officer while filing a final report/ charge sheet and only caveat is that it may not be a tutored statement or recorded only for the purpose of predetermined object to continue investigation in a particular way and it may not be on whimsical approach of Investigating Officer.

supreme court judgment on section 313 of crpc
Case BriefsSupreme Court

Supreme Court proceeded with the fact that the only circumstance appearing against the appellant was not put to him in the statement under Section 313 of CrPC.

delhi high court
Case BriefsHigh Courts

The duty of the Court has been tried to be delegated to the prosecuting agency in the present case.

allahabad high court
Case BriefsHigh Courts

Allahabad High Court said that the Magistrate is not bound in such a situation to follow the procedure laid down in Sections 200 and 202 of CrPC for taking cognizance of a case under Section 190(1)(a), though, it is open to him to act under Section 200 or Section 202 also.

chargesheet without complete investigation
Case BriefsSupreme Court

The right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right flowing from Article 21 of the Constitution of India, observed the Supreme Court.

Regard to Public Servant
Op EdsOP. ED.

by Vikas Upadhyay†

Delhi High Court
Case BriefsHigh Courts

“A protest cannot be allowed to endanger others, damage property, restrict essential services and such a protest cannot receive constitutional protection. The acts of violence and violent speech that instigates violence and endangers rule of law, damage public property and peace are not protected under the Indian Constitution.” opined the Delhi High Court

Allahabad High Court
Case BriefsHigh Courts

Allahabad High Court said that the cases relied upon by the accused are not applicable to the present case, as they are silent over the issue of maintainability of the petition under Section 482 Cr.P.C. after insertion of Section 14-A of SC/ST Act, 1989 and unless the said issue is decided consciously, any departure from the statutory provision would be a bad precedent.

Justice for Victims
Op EdsOP. ED.

by Tanya Agarwal†

Case BriefsSupreme Court

Supreme Court in a case pertaining to allegations of cheating and criminal breach of trust, held that the accused is entitled for anticipatory bail, and directed the Investigating Agency to follow the procedure prescribed under CrPC for investigation against the disabled person

Case BriefsSupreme Court

The Supreme Court observed that if allegations in the petition are vague and are not specific with respect to the alleged offences, it cannot lead to an order for registration of an FIR and investigation on the accusation of commission of the offences alleged.

High Court Round UpLegal RoundUp

The High Court Roundup brings a curated list of the top stories of the month to ensure that our readers do not miss out any important updates. This month’s roundup covers the stories Live-in relationships; Motor Accident Claims; medical treatment of HIV positive person; Trademarks; Yashraj Copy Rights case; problem of toxic work culture; termination of pregnancy of rape victims; Sexism not accessible, no means no; allowing Sikhs to carry Kirpans on flights….

Op EdsOP. ED.

by Yogendra Kumar Srivastava† and Ankit Singh††

Kerala High Court
Case BriefsHigh Courts

Kerala High Court denied the grant of maintenance to an unmarried Hindu major daughter as she could not prove any disability as required under Hindu Adoptions and Maintenance Act, 1956

Experts CornerSiddharth R Gupta

by Siddharth R. Gupta† and Sangam Ghorpade††
Cite as: 2023 SCC OnLine Blog Exp 7

Allahabad High Court
Case BriefsHigh Courts

The Right of speedy trial is a fundamental right, and its violation causes prejudice even to the accused person

Allahabad High Court
Case BriefsHigh Courts

If statute provides for anything to be done in a particular manner, then it must be done in that manner alone and not otherwise and thus, the impugned order rejecting Siddique Kappan's discharge application is against the law propounded by the Supreme Court

Allahabad High Court
Case BriefsHigh Courts

If during course of investigation some credible evidence have been collected, charge sheet has been filed, cognizance has been taken, discharge application has been rejected by the Trial Court by speaking and reasoned order and that order has been upheld by the Revisional Court, by a speaking and reasoned order, then Arvind Kejriwal must participate in the trial proceedings.

investigation
Case BriefsSupreme Court

The Supreme Court noticed that in the case at hand, without giving any reasonable time to the investigating agency to investigate the allegations in the FIR, the Madras High Court has, in haste, quashed the criminal proceedings.