Criminal Law - Cheque Dishonour - NI Act 1881 - Section 138 - IPC 1860 - Section 65 - BNSS 2023 - Section 528 - Reduction of default sentence - Petitioner convicted in three separate cases arising from a single loan agreement and solitary statutory demand notice - Trial Court imposed substantive sentence and three months default imprisonment for non-payment of fine in each case - Petitioner remain...
Criminal Law - Regular Bail - Bharatiya Nagarik Suraksha Sanhita 2023 - Sections 480 and 483 - Grant of bail amid substantial delay in FIR - Petitioner/Accused No. 1 sought bail in a crime involving abduction for murder and extortion - Prosecution alleged that in December 2023 the petitioner and his associates abducted the complainant and assaulted him at the petitioner's house - FIR was lodge...
Criminal Law - Quashing of Proceedings - Indian Penal Code 1860 - Sections 406 and 420 - Real Estate Transaction - Complainant and Accused No 3 entered an unregistered agreement of sale with land owners Accused No 1 and Accused No 2 for two acres of land - Partial consideration of seventy lakh rupees was paid - Balance amount was due within two months and ten days as per contractual covenants - Co...
Criminal Law - Quashing of FIR - Code of Criminal Procedure 1973 - Section 482 - Advocate implicated in serious criminal offences including attempt to murder and conspiracy - Allegations in FIR divided into three parts including a threat issued at District Court premises at 10:00 AM - Applicant raised plea of alibi and requested collection of CCTV footage - High Court observed that CCTV footage co...
Criminal Law - Murder - Indian Penal Code 1860 - Sections 302 and 34 - Appellants Premnarayan and Parmanand were convicted for the murder of Jamuna Prasad Patel - Prosecution case rested on the last seen theory and recovery of a 6-7 kg stone at the instance of accused - High Court found that the medical officer PW-16 did not provide a clear finding on whether the death was homicidal or accidental ...
Criminal Law - Interim Maintenance - Protection of Women from Domestic Violence Act 2005 - Section 12 - Professional qualification of spouse - Petitioner-husband challenged the order of the 2nd Additional Sessions Judge, Cuttack, which modified the SDJM's order - Trial Court had granted Rs. 8,000/- per month to the son but refused maintenance to the wife on the ground that she was a practicing...
Criminal Law - Discharge - Indian Penal Code 1860 - Sections 406 420 465 468 and 471 - Petitioner who was the second accused challenged the order of the Magistrate dismissing his discharge petition - The prosecution arose from a complaint alleging that the Petitioner was entrusted with a lorry and three lakh rupees but later conspired to transfer the vehicle ownership to the first accused using fo...
Writ Law - Confiscation of vehicle - Indian Forest Act 1927 - Sections 61-A and 61-D - Petitioner challenged judgment of Additional Sessions Judge Baramati affirming confiscation of Tata 909 vehicle used for transporting 60 bags of charcoal without a valid permit - Forest officials intercepted the vehicle and the driver fled - Authorized Officer initiated proceedings under Section 61-A and ordered...
Criminal Law - Sentencing - Indian Penal Code 1860 - Sections 420 467 468 and 471 - Forgery and use of forged documents in judicial proceedings - Appellant convicted for producing forged revenue document for furnishing surety - Trial Court sentenced to five years rigorous imprisonment affirmed by High Court - Supreme Court considered mitigating factors including long passage of time since 2014 - a...
Criminal Law - Bail - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 8(C) 18 and 29 - Appellant was arrested on 19th May 2020 for allegedly supplying 31 kg of opium and providing information leading to the recovery of 60 kg of opium hidden in a truck - High Court dismissed the second bail application on 4th February 2026 - Supreme Court observed that despite six years of pre-trial ...