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"Police had mixed the green and pink colour capsules without proper weighing each type of capsules and due to that the prosecution had no other option otherthan to presume"
Read Full Order"Police officials had transfered the drug from the 2 cartons in into single carton and had not weight the each box drug, which is absoletely against the procedure prescribed by law "
Read Full Order"Prosecution cant prove the guilt of the Applicant only on the basis of the CDR, Disclosure and the drug photo of the same batch number recovered from the phone of the Applicant and prosecution sould prove the case beyond reasonable doubt"
Read Full Order"To prove the Guilt of the Applicant the prosecution need to prove the allegations beyond the reasonable doubt and sould not harp only upon the CDR and Transactions"
Read Full Order"Without independent witness and videography the prosecution can't prove the Guilt while only relying upon the recovery made from the Applicant"
Read Full Order"Prosecution had to prove his case in every respect and if prosecution is not able to prove the knowledge of the Drugs then it is the clear case of "NON CONCIOUS POSSESION"
Read Full Order"Transaction of 75000 cannot connect the Applicant with the recovery and it cannot be a sole evidence to prove the guilt of the accused"
Read Full Order"Mandatory Non-Compliance of Sec. 42 casts a serious doubt on the genuineness of the case of the prosecution and the absence of the DD entry is sufficient to prove the non-compliance of sec. 42"
Read Full Order"Refering to the view of the Apex Court the Hon'ble High Court had taken the lenient view after considering the nature of the contraband"
Read Full Order"merely CDR doesnot disclose the actual conversation and need to be proved with transcripts and only the CDR and bank transactions cannot be treated to be corroborative material in absence of substantive material found against the accused"
Read Full Order"Chargesheet incomplete for the 1 accused for non filing of the FSL report for his recovery cannot be said complete for other accused persons even though FSL reprot of the contraband recovered from them was filled "
Read Full Order"The Delhi High Court had held that only standing with the receiver of the parcel and having the connectivity with him will not amount to conspiracy even the same drug photo was recovered from his phone"
Read Full Order"Even though the information was reduced in writing as per section 42 but by some other official and not by the person who received information, that will make the recovery doubtful and lift the bar of sec 37"
Read Full Order"The calls and transaction connectivity even of the same day of recovery cant prove the conspiracy and connect the accused with the recovery"
Read Full Order"The Delhi High Court had granted the Interim Bail to the Petitioner after stating that the Health of the Accused can't be compromised on the stake of expenses"
Read Full Order"out of 5 packets the samples were drawn only from 1 packet leaving rest 4 packet in every sack, which is completely a non compliance of the sampling procedure prescribed under standing order and benefit of the same will be given to the accused by granting bail"
Read Full Order"The Hon'ble High Court had held that it is not about the recovery from all the accused persons but the bail will be decided only on the consideration that what is recovered from the present petitioner"
Read Full Order"Homogenious mixture can never used to ascertain the actual nature of the contraband and that will vitiates the procedure of sampling and therefore the bar of section 37 will be lifted while adjudicating the regular bail"
Read Full Order"Merely on the involvement in NDPS case and using his property for the same context, this will not empower the DMC to seal the property of the petitioner and if sealed it shall be de-sealed forthwith"
Read Full Order"2615 gram of Opium recovered from the co-accused person can never be added in the recovery of 510 gram of opium recovered from the Applicant and the bail was granted while considering only the intermediate recovery from the Applicant"
Read Full Order"Samples only from 1 packet out of 16 packets and leaving 15 packets behind raises a doubt that those packets will contains the contraband or not and the same is against the procedure prescribed in standing order"
Read Full Order"Sampling procedure were not followed as per the law laid down in Standing Order that samples shall be drawn from each and every packet with out leaving behind any of the packet otherwise that will create a doubt on the recovery"
Read Full Order"The Hon'ble High Court had held that recovery itself is not sufficient for denial of the bail and requires independent witness and Videography of the recovery for supporting the recovery made from the Petitioner"
Read Full Order"The Hon'ble High Court while granting the regular bail had held that sampling not from each packet is a grave voilation of law and standing order which result in grant of regular bail to the accused"
Read Full Order"The Hon'ble High Court had observed that the recovery cant be proved at this stage with out independent witness and videography and because of only recovery the Applicant can't be kept behind the bars"
Read Full Order"Hon'ble Delhi High Court had held that the Recovery from the Petitioner is intermediary quantity and section 37 will not come into picture even though recovery from the co-accused persons was of commercial nature "
Read Full Order"Trial Court is directed by the Honble High Court to decide the Regular bail application positively on the next date either this way or the other"
Read Full Order"Procedure of Mixing of Contraband is voilation of the standing order and squarely covered by the landmark judgement Laxman Thakur vs State, therefore the bar of section 37 will not be applied and bail is granted to the Applicant"
Read Full Order"The Court held that enev though the chats are incriminating but had no connection with the recovered parcel and the only evidence is the disclosure statement of the accused persons"
Read Full Order"Delhi High Court had held that recovery of WhatsApp chats is not sufficient to corroborate with the recovery, Chats should be verified by the proper agencies for reading those as an Evidence."
Read Full Order"Mixing of samples was not permissible and the act thereto will be against the Standing Order, and as per the Hon'ble High Court of Delhi, Standing Order was not only the guidelines by its a requirement"
Read Full Order"Delhi High Court while granting the bail to the Petitioner had stated that merely being an importer is not sufficient that he is in conscious Possession of the hidden drug"
Read Full OrderAt this stage, other than the disclosure statement there is nothing to show that the applican/accused had allowed the use of his car for transportation of contraband with his knowledge and consent.
Read Full Orderif the Applicant was declaired PO than also Bail can't be denied only on such ground as its a saperate offence which is registered under section 174A of IPC, which is an saperate offence and not fall under NDPS Act.
Read Full Orderpetitioner was unable to reach the court on-time by reason of traffic issues due to the Bharat Jodo Yatra organised by a political party. petitioner has been remanded to custody only by reason of NBWs having been issued against him it is not considered appropriate to keep the petitioner in judicial custody pending final adjudication of the present petition.
Read Full OrderThe solitary piece of evidence against the petitioner appears to be the CDRs, which show that he was in telephonic communication with co-accused, without any insight as to what the contents of the calls were; and that pursuant to the disclosure statements made by the petitioner and co-accused Harish, nothing has been recovered.
Read Full OrderSampes were drawn after mixing all the contents which has caused a serious prejudice to the Applicant and the bar of section 37 will be lifted.
Read Full OrderDelhi High Court granted the regular bail to the bank employee who had played a part in the money fetching conspiracy on the ground of settlement
Read Full OrderDelhi High Court on observing the Discrepancy in weight at different stages of the case and the Prosecution had not been able to explain this discrepancy which erodes the credibility of the recovery proceedings
Read Full OrderLearned Session Judge had granted the Regular Bail to the Applicant on the fresh legal ground despite the dismissal from Supreme Court
Read Full OrderDelhi High Court granted the regular bail to the bank employee who had played a part in the money fetching conspiracy on the ground of settlement
Read Full OrderDelhi High Court on observing the Discrepancy in weight at different stages of the case and the Prosecution had not been able to explain this discrepancy which erodes the credibility of the recovery proceedings
Read Full OrderLearned Session Judge had granted the Regular Bail to the Applicant on the fresh legal ground despite the dismissal from Supreme Court
Read Full OrderSampling under Section 52A must be done with in 72 hours or nearby and voilation of the same will create a serious doubt which goes in the favour of the Accused...
Read Full OrderDelhi High Court had extended the Interim Bail of the Petitioner on just relying upon the medical documents that the Petitioner is admitted
Read Full OrderBrother got the bail from the Session Court who was implicated by his own sister in POCSO case just for the sake of her happiness ...
Read Full OrderLearned Session Judge has compounded the offence in which the complainant is a retired judge without getting influenced...
Read Full Ordercomplainant disputed the identity of the Accused shown to him, which can be a sole ground to grant the bail.
Read Full OrderDelhi High Court has granted the Interim BAil of 2 months to the accused from whom 950kg of Ganja was recovered...
Read Full OrderOnce the offence is compounded the accused should be released as soon as possible and can even be released directly from the JC without sending back to the Jail Authority...
Read Full OrderLearned Session Judge had granted the regular bail on the point of Homogeneous by considering it a change in circumstances as never put before this court...
Read Full OrderIn the offence U/s sec-315 of IPC, Hon'ble Judge held that Person facing trial is to be presumed innocent, until proven guilty...
Read Full OrderHon'ble Delhi High Court granted the regular bail to the accused while considering that the procedure of sampling was not followed as prescribed by the Apex Court...
Read Full OrderNo treatment available in jail for Contagious Diseases, Delhi High Court grants 2 months Interim Bail with Advisory to the Jail Authorities...
Read Full OrderSampling not done as per the procedure will be the only ground for Regular Bail...
Read Full OrderSession Court after hearing and going through all the evidences granted Regular Bail to the main accused when girlfriend was the complainant in Rape and Extortion case ...
Read Full OrderHigh Court of Delhi granted regular bail to the Source when there is CDR, Location and Disclosure of the Co-accused Persons...
Read Full OrderDelhi High Court had granted the Interim Bail to the Accused of Bank Fraud of 1.39 Crore while going through the Daily Diabetes Chart...
Read Full OrderDelhi High Court granted Regular bail to the Accused after Comeuppance/ Scolding the Public Prosecutor and the Trial Court Judge...
Read Full OrderHigh Court of Delhi had granted Anticipatory Bail to the Accused in Bank Fraud case even after having a CCTV footage of offence...
Read Full OrderFacts Concealed about the Survivor members is a prima facia Fraud U/s 420 of IPC and there is no secound opinion as whether the FIR should be registered or not...
Read Full OrderHigh Court can be an alternative remedy for the Appeal from maintenance tribunal under Article 227...
Read Full OrderSession Court had Considered the welfare and nurture of child and granted interim bail to the accused who is the Grand-mother...
Read Full Order2 recoveries at different point of time will be considered 2 saperate recoveries and will not be clubed U/s 29...
Read Full OrderIf the procedure of sampling was not as per law than quantity was immaterial for regular bail and that will be granted to the applicant...
Read Full OrderDelhi High Court finds nothing wrong in providing the location chart of the raiding team and held that this will nowhere prejudice the right of the prosecution...
Read Full OrderHigh Court of Delhi allows interim bail application after previous dismissal on the ground of heinousness by trial court...
Read Full OrderRelease of SIM number and Release of Mobile were two different concept and release of SIM nowhere effect the prosecution...
Read Full OrderOssicification and circumstances evidences plays the major role while deciding the Regular Bail application...
Read Full OrderWitness didn't identify, 4 get bail in riots murder cases and public prosecutor didnt object to bail ...
Read Full OrderDue to medical emergency extension of bail was filed at 10:30 and was granted at 2:00 on the same day...
Read Full OrderDelhi court has granted bail to four persons in three murder cases related to the north east delhi riots after non identification by the witness...
Read Full OrderAccused had not assaulted the complainant and with whom the struffle took place was not the complainant...
Read Full OrderHigh Court set aside the order of session court and gives direction to Jail authority to release the accused immediately...
Read Full OrderHon'ble Court has given the Anticipatory Bail (protection from arrest) to the accused of daylight robbery of 54 lakhs on gun point...
Read Full OrderAfter getting 30 stiches to the victim Section 326 was imposed on the accused but still all together can't bar the accused from regular bail...
Read Full OrderInterim Bail allowed in HDFC Fraud case for the better treatment of his health in private hospital...
Read Full OrderIn the matter of Default Bail even a single minute can put the liberty of the applicant in question...
Read Full OrderRegular Bail by the Court of Session to the accused who was indulge in fake cancer drug manufacturing and selling ...
Read Full OrderMagistrate has no right to take the remand of the accused under section 167(2) or 309(2) after submision of the chargesheet ...
Read Full OrderAccused has the right to get default Bail on the default (delay in taking cognizance) of the magistrate...
Read Full OrderNot taking the cognizance after submission of the chargesheet can be a ground for the Default Bail...
Read Full OrderPolice officials had no option other than to register the FIR where prima facia it is an Cognizable offence...
FIR lodged in kite flying accidental death case turned out to be an investigation of a murder...
Read Full OrderSession Judge grants Interim Bail to the Accused of Delhi Riots on the ground of sister marriage for 1 week...
Read Full OrderDelhi High Court grants Regular Bail to all the 4 accused in case of illegal holding of Remdesivir injections where Session Court considered the morality as the ground for dismissing the Bail.
Read Full OrderDelhi HC grants bail to 4 persons accused of illegal holding of Remdesivir injections during Covid second wave
Read Full OrderBeing a muscle man doesn't give you right to take the law in his hand, Delhi High Court grants protection to the debtor for the recovery by muscle man (Creditor)...
Read Full OrderAccused on Interim Bail inc Commercial Quantity of Ganja will never be the Hurdle to get the Regular Bail. Regular Bail is granted to the accused without surrender
Read Full OrderThe Demolition army went back without completing there task as the court protects the houses with the hands of Stay order. stay order on demolition when the team for demolition standing on the door...
Read Full OrderDoes the High Court of Delhi grant Regular Bail to the Accused indulged in black marketing of Remdesivir injections or the bail will be dismissed on the ground of Morality?...
Read Full OrderRegular Bail granted by the Session Court in Commercial Quantity even before the filing of chargesheet
Read Full OrderThe petitioner was arrested in Commercial quantity of Ganja on 18 August and Chargesheet is not filed but these are not the bar or any obstacle to get the Interim Bail...
Read Full OrderThe Petitioners was charged U/s 420 of IPC for inducing the complainant to pay sum of rupees 10.5 lacs as a consideration for obtaining admission in medical college and further cheated the complainant with the said amount...
Read Full OrderJudgment of Divorce passed by the family court was passed in the ignorance of the settlement between the parties but as parties are bound to adhere the terms of the settlement the operation of impungned judgement was stayed...
Read Full OrderThe subject floor for which an electricity connection has been applied for by the petitioner falls within the height of 15 meter, the same is covered by the amended schedule of 2021, so the petitioner was granted electricity connection...
Read Full OrderCourt directed trial court to make endeavours to conclude the proceedings under the DV Act, 2005 in this case within a period of 60 days...
Read Full OrderCourt Granted Anticipatory bail to in-laws in the case of 498-A IPC stating that an Anticipatory Bail cannot be denied on the mere fact that istridhan is to be recovered...
Read Full OrderProsecutrix had not named the petitioner U/s 164 Crpc to be the person with whom she had entered into a physical relationship looking into the nature of allegations petitioner was directed to be released on bail...
Read Full OrderSession Court granted interim bail to an accused charged under NDPS Act for commercial quantity, considering the medical condition of the mother of the accused...
Read Full Ordersupreme court suo moto on a newspaper cliping held that even after granting bail, prisoners still have to remain in jail due to delay in communication of bail orders. the court decided to implement safe electronic mode to transmit bail orders to the prisoners to avoid delay in their release...
Read Full OrderThe petitioner was admitted anticipatory under two FIR against him U/s 498A/ 420 of IPC with the stringent condition that the petitioner shall pay 20 lacs to the complainant...
Read Full OrderThe Supreme Court allowed the 7-year-old child according to his wishes to live and study in Singapore with his mother. The Court gave its finding after interacting with and understanding the sensitivity of the case: " During the course of the interaction on the video-conferencing platform, Sattik indicated his desire to reside with his mother in Singapore"...
Read Full OrderA landmark precedent set by a 3-Judge Bench of the Hon’ble Supreme Court comprising of Justices UU Lalit, Indu Malhotra and Hemant Gupta (2:1) interacted with the child in order to ascertain his wishes and then allowed the custody of child to his father who is located in Kenya...
Read Full OrderThe Supreme Court upholds decision of Madras High Court in which an ex-parte decree passed against a minor not represented by a guardian who is duly appointed was held as a nullity...
Read Full OrderCourt Should not impose the restriction which are not envisaged U/s 438 crpc held by the Apex court in Siddharam Satlingappa Mhetre vs State Of Maharashtra.
Read Full OrderCourt granted Interim Bail to an under trial prisoner facing trial U/s 302 IPC, considering the HPC guidelines and parity...
Read Full OrderThe chhattisgarh high court ruled that if a widows remarriage and the marriage remains valid, she will lose her right in property inherited from her previous husband.
Read Full OrderImpugned order passed by the Commissions for Protection of Child Rights directing registration of FIR against the petitoners was stayed by the court...
Read Full OrderCourt accepted the contention of the Counsel of Petitioner as Petitoner should not to be burdened with court fees twice and issued notice thereof...
Read Full OrderConsidering the medical state of the petitioner the Hon'ble High Court directed the Trial Court to dispose of the suit within a period of 1 year
Read Full OrderHon'ble High Court of Delhi directed Session Judge of Delhi Court to expedite the recording of prosecution witness and colclude the same with in the period of nine months from the date of first hearing after the resumption of normal functioning of court...
Read Full OrderDelhi High Court granted bail to a woman charged U/s 420 of IPC where the main accused is declared to be an absconder with the amount...
Read Full OrderDelhi High Court set aside the order of Family Court and remanded back the petition of section-9, Restitution of Conjugal rights under HMA stating that untreaceablity of whereabouts is not a ground to setaside...
Read Full OrderDelhi High Court in Parveen Tandon vs Tanika Tandon clears the scepticism that a women in shared household with the status of live in relationship was also entitled to interim maintenance despite petitioner being married man...
Read Full OrderIn Abdul Salam vs State, Delhi High Court acquits after conviction by the session court on the ground of no injury on private parts and inconsistency of the statement of witness and medical report...
Read Full OrderIn Ahmed Hassan Muhammed vs The Customs, Delhi High Court Acquits as the raiding team had not performed the sampling according to the due process of law...
Read Full OrderIn Nabi Alam @ Abbas vs State, the court had cleared that if the person had waved of his right to search than also it was considered that the sec 50 was complied...
Read Full OrderSupreme Court in Megha Singh vs State Of Haryana states that its the right of accused to had the Fair Trial where the trial is vitiated as the IO is of H.constable rank.
Read Full OrderApex Court had cleared the right of shared household by the divorced women over the house of relatives of the husband.
Read Full OrderIn yet another instance of a High Court sitting beyond normal courts hours, Justice Jasmeet Singh of the Delhi High Court sat past 11 pm on Monday to complete the hearing of matters listed before him...
Read MoreThe Madras High Court in its single-judge bench of Justice GR Swaminathan held that Article 227 of the Constitution is “forum-neutral” making no distinction between civil and criminal cases...
Read MoreMember of the Rajya Sabha and Senior Advocate P Wilson has written to President Ram Nath Kovind registering concern that the High Courts of many States are not being adequately represented...
Read MoreWest Bengal Chief Minister Mamata Banerjee has written to Calcutta High Court Acting Chief Justice Rajesh Bindal requesting him to reassign the election petition...
Read More"Usage of the position of advocate for other than just causes is nothing but an act of corrupt nature, which requires to be cut down by the sword held in the hands of the statue of Justice," the Court said.
Read More"For the sake of the dignity of what you and I wear, I think you should look into it more seriously, not as a professional matter, and try to deal with the malaise", the Chief Justice told the BCI counsel today...
Read More7 Member Committee constituted by BCI For Framing Draft of "Advocates Protection Act" which will be the protective shield for the advocates and their family from threats & Attacks...
Read MoreOn wednesday, 16 June 2021, a miraculous case come before Bombay High court, where an advocate named Vimalchandra umeshchandra jha was an accused of kidnapping and torturing of his own client...
Read MoreIn the matter “State vs Darshan singh” Sc. No. 41/2018, Advocate Aditya Aggarwal put his efforts proved that “Contraband quantity is just a point of consideration and will not solely decide the bail”...
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