Criminal Law – Default Bail – Section 480(6) B.N.S.S. – Trial Not Concluded Within Sixty Days – Applicant in custody since framing of charges – First date fixed for evidence was 26.08.2025 – Trial not concluded within sixty days from said date – Several adjournments granted for securing presence of prosecution witnesses – Held: Accused entitled to de...
Criminal Law – Murder – Conviction Based on Dying Declaration – Acquittal – Appellant convicted under Section 302 IPC for allegedly setting his wife on fire by pouring kerosene – Conviction based mainly on dying declaration recorded by police officer – High Court found serious infirmities in prosecution case – Held: Conviction unsustainable – Appella...
NDPS Act – Re-testing of Sample – Quashment of Charge-Sheet – First CRCL report ruled out presence of Heroin – Prosecution sought re-testing merely because report was adverse – Trial Court allowed re-testing without recording cogent reasons – Held: Re-testing under NDPS Act permissible only in extremely exceptional circumstances as per Thana Singh – Mere d...
Habeas Corpus - Preventive Detention – Goonda Act – Non-Supply of Relied Upon Documents – Detention order passed under Section 3 of Karnataka Goonda Act on ground that detenue was habitual offender involved in multiple offences under IPC, NDPS Act and BNS – Only detention order and grounds supplied – Copies of documents relied upon not furnished – Held: Non-supp...
Criminal Contempt – Forgery and Impersonation in Judicial Proceedings – Filing of Writ Petition and Writ Appeal in Name of Wife without her Knowledge – Attempt to Leave Country in Violation of Court Order – Apology Accepted – Respondent had instituted WP(C) No. 18665/2024 and W.A. No. 942/2024 in the name of his wife without her consent by forging her signatures on va...
Criminal Law – Murder vs Culpable Homicide – Section 300 Clause (3) IPC – Deceased sustained 29 ante-mortem injuries including four bone-deep lacerated wounds on parietal and temporal regions – Linear fracture of parietal bone with extradural and subarachnoid haemorrhage – Cause of death coma due to head injury – Repeated blows on vital part with lathis – ...
Criminal Law - Customs Act – Section 135(1)(b)(i) – Smuggling of Foreign Watches – Conviction – Large quantity of foreign wrist watches and straps recovered pursuant to secret information – Accused held guilty for knowingly dealing with goods liable to confiscation – Concurrent findings of Trial Court, Appellate Court and High Court affirmed – Held: No per...
Criminal Law – Bail – Distinction between cancellation of bail and reversal of bail order – Cancellation under Section 439(2) CrPC based on misuse of liberty – Reversal permissible where bail order ignores relevant material or is based on extraneous considerations – Present case falls in second category – High Court’s order granting bail liable to be set a...
Dowry Death – Acquittal – Scope of Appellate Interference – Death by hanging within seven months of marriage – Trial Court acquitted accused under Sections 498-A/304-B/302 IPC – Held: Appellate Court can reappreciate evidence but interference warranted only if view of Trial Court is perverse or wholly unreasonable – If two views possible, acquittal not to be dis...
Domestic Violence Act – Maintainability of Petition under Section 482 Cr.P.C. – Appellate Court directed return of application under Section 12 on ground of territorial jurisdiction – Held, though proceedings under Section 12 are predominantly civil in nature, High Court can invoke second limb of Section 482 Cr.P.C. to prevent abuse of process or to secure ends of justice –...