The direction to take the accused into custody is beyond the jurisdiction of the High Court. Whether an accused is liable to be arrested is based upon the decision of the Investigating Officer depending upon the material collected during the investigation which may be conducted in a particular crime. It is for the Investigation Agency to whom the investigation has been entrusted to take a call as to when the petitioner is to be arrested.
He who signs a dishonored cheque bears the consequences— a principle well-established by law and affirmed across several precedents. Determining the liability of a signatory is straightforward when the drawer is an individual. But what happens when a cheque is issued on behalf of a juristic person, such as a company? Who is held... Read more »
The Court held in the Instant case that the following, among other circumstances, can generally be used to determine if someone had the intent to cause death: Read more »
Mere existence of a question of fact has long been considered an obstacle to Court’s jurisdiction under Article 226 of the Constitution—a stance reinforced through numerous precedents pronounced by the Apex Court and consistently upheld by the High Courts. This reflects a deep-rooted judicial hesitancy to delve into factual questions... Read more »
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