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Constitution of India, 1950 — Article 32 — Criminal Procedure Code, 1973 (CrPC) — Sections 154, 173 — Clubbing/Transfer of FIRs — Multiple FIRs registered against petitioners in different jurisdictions arising from same set of transactions relating to a real estate project — Held, multiplicity of FIRs and parallel investigations on same facts leads to avoidable multiplicity of proceedings, conflicting findings and serious prejudice to the accused — Principle laid down in T.T — Antony v — State of Kerala, (2001) 6 SCC 181, that there cannot be multiple FIRs for the same occurrence or transaction, squarely applies — FIR No. 30/2019 (EOW, Delhi) directed to be transferred and clubbed with FIR No. 439/2024 (Gurugram, Haryana) for investigation — Blanket direction restraining coercive steps in future FIRs declined, but petitioners permitted to avail remedies in law if future FIRs are based on the same transaction. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Abuse of Process of Court — Discharge of Accused — Vague Allegations — Where allegations in FIR and charge sheet are general and do not specify the role of the accused, continuation of criminal proceedings amounts to abuse of process of court and may cause prejudice. Civil Procedure Code, 1908 (CPC) — Section 2(2), Order 20 Rule 18 — Preliminary vs. Final Decree — A Preliminary Decree declares rights and liabilities, leaving actual results to be worked out in further proceedings — A Final Decree is passed after further inquiries, completely disposing of the suit — A Preliminary Decree cannot be executed directly unless it is partly final — Provisions of Order 20 Rule 18 allow a court to pass a Preliminary Decree declaring rights and giving further directions if partition cannot be conveniently made without further inquiry in suits for partition of immovable property — The Supreme Court noted that the High Court erred by focusing on the nomenclature of the decree rather than its executable portions, especially when the property was not divisible by metes and bounds. Unlawful Activities (Prevention) Act, 1967 — Section 43-D(5) — Bail — Constitutional Courts’ power to grant bail — The Supreme Court reiterated that statutory restrictions on bail under the UAP Act do not oust the power of constitutional courts to grant bail on grounds of violation of fundamental rights, particularly the right to a speedy trial under Article 21 of the Constitution — The Court emphasized that the rigors of Section 43-D(5) can “melt down” when there is no likelihood of trial completion within a reasonable time and the period of incarceration is substantial. Penal Code, 1860 (IPC) — Section 304-A — Causing death by negligence — Motor Vehicles Act, 1988 — Section 134(b) and Section 187 — Duty of driver in case of accident and injury to a person and Punishment for offences relating to accident — Appeal against conviction and sentence — Driver convicted under Section 304-A IPC and Sections 134(b) and 187 MVA — High Court partly allowed revision, setting aside conviction for Section 279 IPC but maintaining conviction for Section 304-A IPC.

Divorce—Cruelty—Where there is no direct evidence, Courts are required to probe into the mental process and mental effect of incidents that are brought out in evidence. Divorce—Cruelty—It is a matter of inference to be drawn by taking into account the nature of the conduct and its effect on the complaining spouse.

2007(1) LAW HERALD (SC) 859 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 877 of…

Murder—Essential ingredients to bring a case under Section 300″thirdly” IPC; enumerated.Even if the intention of accused was limited to the infliction of a bodily injury sufficient to cause death in the ordinary course of nature, and did not extend to the intention of causing death, the offence would be murder.

  2007(1) LAW HERALD (SC) 853 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 214…

Circumstantial Evidence—Where a case rests squarely on circumstantial evidence—The inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person. Cruelty to wife–Mere fact that the deceased had died an unnatural death cannot be itself be a circumstance against the accused particularly when Section 498-A has been held to be inapplicable

  2007(1) LAW HERALD (SC) 839 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No.223 of…

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