Mohit Khandelwal & Associates, Author at Mohit Khandelwal & Associates

Oct

Ajitsinh Chehuji Rathod v. State of Gujarat & Anr., Criminal Appeal No. 478 of 2024

October 7, 2025Mohit Khandelwal & AssociatesCriminal Law, Negotiable Instruments Act, 1881, Section 482 CrPC

Brief Facts The appellant challenged the rejection of his application under Section 482 CrPC by the Gujarat High Court of a case under Section 138 of the NI Act. The appellant was accused of issuing a cheque for Rs. 10 lakhs that was dishonoured due to “insufficient funds and dormant account.” During trial, the appellant...

Sep

Suresh Garodia v. State of Assam & Anr., Criminal Appeal No. 185 of 2024

September 20, 2025Mohit Khandelwal & AssociatesCriminal Law

Brief Facts The appellant challenged the order of the Gauhati High Court, which dismissed his petition to quash criminal proceedings under Sections 376/506 IPC. Complainant filed an FIR in 2016 alleging she was raped by the appellant in 1982, resulting in the birth of a child in 1983. The Appellant argued that the FIR, filed...

Sep

Mohd. Julfukar v. State of Uttarakhand & Anr., Criminal Appeal No. 174 of 2024

September 20, 2025Mohit Khandelwal & AssociatesI.P.C.

Brief Facts This appeal challenged the High Court’s rejection of the appellant’s application for quashing of the proceedings under Sections 376 and 506 IPC. The relationship of the appellant with the complainant was against the wishes of the parents but they decided to reside together which was followed by marriage. The complainant filed an affidavit stating...

Sep

Ramalingam and Ors. v. N. Vishwanathan, Criminal Appeal No. 212 of 2024

September 20, 2025Mohit Khandelwal & AssociatesCriminal Law

Brief Facts The appellants challenged the judgment of the Madras High Court, which remanded their case for trial after initially being granted discharge by the Additional District and Sessions Judge in 2009. The respondent’s father had filed an FIR in 2004 accusing the appellants of causing the death of his wife during a property dispute....

Sep

Sheikh Arif v. State of Maharashtra, Criminal Appeal No. 1368 of 2023

September 20, 2025Mohit Khandelwal & AssociatesI.P.C.

Brief Facts The second Respondent filed a complaint alleging that the Appellant had made false promises of marriage and engaged in a physical relationship with her starting in 2012. Despite their engagement in 2017, the Appellant later married another woman in February 2018, against which the complaint was filed. Hence, Appeal praying for quashing of...

Aug

Unilateral Plan Modifications and Promoter Liability under RERA

August 4, 2025Mohit Khandelwal & AssociatesRERA

Author – Adv. Mohit Khandelwal Co Author – Harsh Khandelwal The Real Estate (Regulation and Development) Act, 2016 (“RERA”) balances the rights of homebuyers and obligations of promoters by enforcing accountability, transparency, and legal discipline. In the case of *South Ex Resident Welfare Society v. Virgo Buildestate Pvt. Ltd.*, questions arose about the legality of...

Jul

JURISDICTIONAL BOUNDARIES IN CORPORATE DISPUTES: RECONCILING CIVIL COURT POWERS WITH NCLT’S STATUTORY ROLE

July 31, 2025Mohit Khandelwal & AssociatesCivil law, Commercial law, Company Law, Procedural Law

Author – Adv. Mohit Khandelwal Co Author – Adv. Hitarth Dixit With the rise in corporate litigation over forged share transfer documents and investor fraud, Indian courts are frequently confronted with the question: who has jurisdiction whether the Civil Courts or the National Company Law Tribunal? While Section 430 of the Companies Act, 2013 appears to...

Jul

Krishan v. State of Haryana, Criminal Appeal No. 2351 of 2011

July 19, 2025Mohit Khandelwal & AssociatesI.P.C.

Brief Facts The Appellant (accused no. 2) was convicted alongside accused no. 1 under Section 302, IPC and Section 25 of the Arms Act. The Prosecution’s case included eyewitness testimony, ballistic evidence linking the Appellant to the murder weapon, and recovery of the firearm at the Appellant’s instance. The High Court upheld the conviction and...

Jul

Raja Naykar v. State of Chhattisgarh, Criminal Appeal No. 902 of 2023

July 18, 2025Mohit Khandelwal & AssociatesI.P.C., Insolvency & Bankruptcy

Brief Facts On 21st October, 2009, the half-burnt body of Shiva alias Sanwar (hereinafter referred to as ‘deceased’) was found behind Baba Balak Nath temple near Shastri Nagar ground. Based on the information given by one Pramod Kumar (P.W.3), merg intimation Ex. P-33 was registered against unknown persons. It was alleged that Appellant and Accused...

Jul

Darshan Singh v. State of Punjab, Criminal Appeal No. 163 of 2010

July 16, 2025Mohit Khandelwal & AssociatesCriminal Law

Brief Facts Amrik Kaur was married to Darshan Singh, the Appellant. The Prosecution claimed that the couple’s relationship was troubled due to Darshan Singh’s illicit affair with Rani Kaur. Darshan Singh and Rani Kaur allegedly administered poison to Amrik Kaur on intervening night of 18.05.1999 and 19.05.1999. It was the case of the Prosecution that...

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