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[Supreme Court] No Privilege of Anticipatory Bail for Accused Persons Who Deliberately Dodged Court Summons
The Supreme Court set aside the High Court’s grant of anticipatory bail to accused persons declared proclaimed offenders for evading summons in a major economic fraud. Reaffirming that anticipatory bail is a discretionary relief, the Court held that wilful evasion of judicial process disentitles accused persons from seeking such protection, especially in grave financial crimes involving public interest.
Apr 215 min read
Sanction for Prosecution: Did the Supreme Court Overlook Deemed Sanction Under BNSS?
Did the Supreme Court overlook BNSS’s deemed sanction provision? This analysis dissects the ruling's impact on public servant prosecutions.
Mar 45 min read
Orissa HC Upholds Assessee’s Right to Compounding for TDS Default under Section 276B of the Income-tax Act,1961
Orissa HC rules that assessees facing TDS prosecution under s. 276B can seek compounding under s. 320 CrPC per CBDT Circular guidelines.
Jan 253 min read
Supreme Court Clarifies Maintenance Rights Over Marital Obligation
The SC clarifies that a wife’s right to maintenance under s. 125 of the CrPC is not negated by a restitution decree in the husband's favour.
Jan 244 min read
Supreme Court: Economic Offences Cannot Be Quashed Even if a Settlement Exists Between the Parties
The SC reaffirms that economic offences cannot be quashed merely due to settlements, prioritising public accountability over compromise.
Jan 163 min read
Supreme Court on Section 195 of the CrPC: Applicability Limited to Judicial Courts, Not Tribunals
The Supreme Court clarified that private complaints for false declarations in quasi-judicial forums aren't barred by section 195 of the CrPC
Dec 28, 20243 min read
Interpreting Custodial Limits: Karnataka High Court Clarifies Section 187 of the BNSS as Against Section 167 of the CrPC
The Karnataka High Court examines custodial limits under BNSS, balancing investigation needs with constitutional liberty safeguards.
Dec 23, 20244 min read
[Punjab & Haryana HC] Special Courts, PMLA Must Exercise Judicial Independence, Not Act as Extensions of the Enforcement Directorate
The High Court ruled that PMLA courts must act independently and cannot permit ED custody without sound legal justification.
Dec 16, 20243 min read
Supreme Court Clarifies the Scope of Section 195 of the CrPC While Preventing Erosion of Public Trust
The Supreme Court reaffirms judicial accountability by clarifying procedural bars under Section 195 CrPC, ensuring trust in justice.
Nov 30, 20243 min read
Intersection of CrPC, BNSS & PMLA: Supreme Court Reaffirms Sanction Requirements for Public Servants in PMLA Prosecutions
The SC reinforces procedural safeguards under CrPC for PMLA cases, ensuring sanctions for public servants align with official duties.
Nov 16, 20244 min read
A Shift in Judicial Approach: Understanding Section 482 of the BNSS, 2023
Chhattisgarh High Court broadens anticipatory bail criteria, enhancing judicial discretion and prioritising personal liberty.
Oct 1, 20243 min read
Supreme Court Clarifies Anticipatory Bail Rights for Accused in Custody in Another Case
The SC affirms the right to seek anticipatory bail, even if in custody for a different case, reinforcing the protection of personal liberty.
Sep 14, 20243 min read
Maintenance Provisions Not Meant to Create an Army of Idlers: Madhya Pradesh High Court Reaffirms
The MP High Court rules that maintenance provisions are meant for support, not for enabling capable spouses to avoid self-reliance.
Sep 10, 20243 min read
Madras High Court Clarifies the Validity of Formal Arrests in Judicial Custody
Madras HC examines PMLA v. CrPC conflicts, affirming procedural norms for arrests without physical custody.
Sep 9, 20243 min read
Drawing the Line: Supreme Court Reminds that Cheating and Criminal Breach of Trust are Distinct & Cannot Co-exist
Supreme Court clarifies: mere non-payment of debts does not establish criminal liability, underscoring the separation of civil and criminal
Aug 30, 20245 min read
Delhi High Court Balances Between the Right to Travel & National Economic Interests: A Judicial Pattern in the Making?
The Delhi HC balances personal liberty with national economic interests, upholding travel restrictions amid ongoing financial investigations
Aug 23, 20244 min read
Beyond the Basics: A Comprehensive Guide to Bail Cancellation - Jurisdiction, Grounds, and Proof
Explore the jurisprudence of bail cancellation, including judicial criteria and proof burdens.
Aug 6, 202412 min read
Uttarakhand High Court Upholds Cancellation of Bail Obtained Through Misrepresentation/Fraud
Uttarakhand HC denies bail due to undisclosed criminal history, affirming the need for transparency.
Jul 16, 20244 min read
Orissa HC Determines S. 45 of PMLA Does Not Apply to S. 205 CrPC Applications
Orissa High Court rules that personal appearance exemptions under CrPC are valid in PMLA cases, easing the stringent conditions of s. 45
May 4, 20243 min read
Delhi HC Clarifies the Bounds of Vicarious Liability under the Negotiable Instruments Act, 1881
DHC's ruling reinforces clear distinctions in corporate liabilities, stressing precise legal pleadings for vicarious claims.
May 2, 20243 min read