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THE SUPREME COURT OF INDIA Radhika Agarwal V/s Union of India Writ Petition (Criminal) Nos. 261, 263, 266 of 2019 and Others, decided on 27-2-2025
The Delhi High Court, in the case of GS Marbles held that the statutory bar on filing a written statement beyond the period of 120 days under Order VIII Rule 1 CPC is absolute and non-negotiable, and the Trial Court is precluded from taking such a written statement on record thereafter.
The Learned CJM in the case of CGST vs Mr. Yogesh Gupta declared the arrest by the GST officer illegal as the ground of arrest not informed in a proper manner and merely a formality was done by the prosecution by providing grounds of arrest in writing. The Court noted that the prosecution was under obligation to comply with the provisions of Section 41, 41A of the Cr.PC /Section 35 of the BNSS Act before arresting the accused but the same has not been complied and as such, arrest of accused cannot be termed as legal.
The Hon’ble Delhi High Court in the case of Commissioner of Central Tax, GST dismissed the writ petition filed by the Department and held that, Accused/Taxpayer cannot be kept in custody beyond a period of more than sixty days when the complaint, pursuant to the investigation, relating to offences specified under GST Laws has not been filed. The said relief has been granted by invoking the powers under Section 167(2) of the Criminal Procedure Code, 1973 (“CrPC”) [Now Section 187(3) of Bharatiya Nagarik Suraksha Sanhita].
The Hon’ble Punjab and Haryana High Court in the case of Praveen Kumar v. State of Haryana [CRM-M-No. 37424 of…
The government has listed 18 bills to be presented, including the first batch of supplementary grants and demand for excess…
The Hon’ble Madras High Court in J.Ananad and K.Sivamani v. The Assistant Commissioner of Customs, Customs Division, Nagapattinam [Crl.O.P.No.14526 of…