Digi - Legal Insights

As managing director of a company would be ineligible for being appointed as an arbitrator in view of Section 12(5) read with paragraph 5 in Fifth Schedule to Act, he would be ineligible to nominate a sole arbitrator.

Order of conviction under Section 302 of IPC is maintained, however, sentencing part is modified.

Incident is considered to have occurred suddenly, without premeditation hence, accused is convicted and sentenced under Section 304 Part I of IPC for 10 years rigorous imprisonment and fine.

Order of conviction upheld, as prosecution was proven beyond reasonable doubt that accused has committed murder of deceased.

As prosecution has succeeded in establishing charge brought against Appellant, conviction and sentences of Appellant are affirmed.

Marriage between parties dissolved ordering decree of divorce, as both husband and wife agree not to interfere in each other's lives or businesses, avoiding harmful acts or connections with rivals.

Immoral traffic - Prosecution failed to prove accused lived on earnings of prostitution or procured victim - Essential ingredients under Sections 4 and 5 not established - Acquittal upheld - Appeal dismissed.

Premature release - Sentence Review Board must consider social history, reformation, and conduct in prison, not merely gravity of offence - Rejection order found arbitrary - Set aside - Petition allowed.

Victims right to legal representation - Victim entitled to engage eminent Senior Advocate of choice outside notified panel; refusal by District Magistrate held untenable - Petition allowed.

Bail - Non-compliance with daily reporting condition justified on medical grounds - Condition modified as infructuous - Cancellation of bail quashed - Petition allowed.

Bail and fair trial - Failure to provide effective legal aid vitiates fairness of proceedings - Cross-examination by accused found inadequate - Sessions Court directed to rehear bail application with proper legal assistance and relevant materials.

Bail - Even in allegations of criminal conspiracy and contract killing, where electronic evidence like voice recordings is unverified and no proclamation under Section 82 CrPC is issued, applicant cannot be treated as absconder; bail may be granted with conditions.

Quashing of charge sheet - Accused possessing valid passport cannot be prosecuted for offence under Foreigners Act and Passport Rules - Charge sheet and proceedings quashed - Petition allowed.

Quashing of FIR - Where parties are married and complainant admits filing under misconception, continuation of proceedings for offence under Section 376(2)(n) IPC is unjust; FIR quashed.

Quashing of Criminal Case - Proceedings under IPC Sections 354, 376 and POCSO Act unsustainable where continuance would jeopardize welfare of victim and child born out of wedlock; Court justified in exercising inherent powers under Section 482 CrPC.

Impugned judgment passed by Tribunal is modified directing Appellant-insurance company to pay enhanced compensation of Rs.1,82,000/- to claimants along with interest @ 8% per annum from date of registration of claim petition till its realization.

Order of reinstatement along with other benefits shall be in exclusion of 50% back-wages, as employee officiated in public office during period in question.

Income Tax - Time-barred reassessment - Notice under Section 148 and consequent order invalid when issued beyond limitation prescribed under Section 149; timelines are mandatory and cannot be diluted by procedural interpretation of Section 148A.

Quashing of FIR and chargesheet - Vague and unsubstantiated allegations without specific role attributed to accused do not disclose prima facie case; continuation of proceedings amounts to abuse of process.

Legally enforceable debt is a matter of defence and cannot be decided at preliminary stage - Magistrate erred in treating Section 143A as mandatory - Matter remanded for reconsideration.