Criminal Law - Bail - SC/ST Act - Bharatiya Nyaya Sanhita 2023 - Sections 296(b) and 115(2) - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 - Sections 3(1)(r) and 3(1)(s) - Appeal filed under Section 14(A)(2) of the Act to set aside the order of the Vacation Sessions Judge Nagapattinam in Crl M.P.No.349 of 2026 - Allegation that the appellant questioned the de facto...
Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Section 138 - Scope of revisional jurisdiction - Accused issued a cheque for Rs.4,50,000/- for a hand loan from the complainant, which was dishonoured due to insufficient funds - Trial Court convicted the accused, imposing a fine of Rs.9,00,000/- - Appellate Court affirmed conviction but reduced fine to Rs.6,50,000/- - High Cou...
Criminal Law - Murder - Indian Penal Code 1860 - Section 302 - Delay in Appeal - Access to Justice - Appeal against conviction for murder resulting in life imprisonment - High Court dismissed 'Jail Memo of Appeal' due to 3157 days delay, despite convict having served 12 years at that time and a total of 22 years currently - Supreme Court expressed deep dismay at High Court's lack of li...
Criminal Law - Quashing of Complaint - Code of Criminal Procedure 1973 - Section 482 - Cheating and Vicarious Liability - Petitioners Accused Nos. 2 and 5 being the CEO and manufacturing company of Ducati respectively challenged the issuance of summons in a private complaint alleging offences under Sections 406 420 418 120(b) and 114 IPC - Complainant a retail dealership alleged that they were ind...
Criminal Law - Cruelty by husband or relatives - Indian Penal Code 1860 - Section 498A - Appellant-husband and respondent-no.2 faced matrimonial discord leading to criminal complaints under Section 498A and other provisions - Appellant filed petitions under Section 482 CrPC to quash proceedings on the ground that a valid marriage is a sine qua non for Section 498A and they were never validly marri...
Criminal Law - Quashing of FIR - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Abetment of suicide - Bharatiya Nyaya Sanhita 2023 - Section 108 - Petitioner sought quashing of FIR registered for abetment of suicide of the complainant's son - Complainant alleged that her daughter-in-law had an illicit relationship with the petitioner and the petitioner harassed the deceased to divorce...
Criminal Law - Interim Release of Vehicle - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 503 - Transportation of Cattle - Petitioner filed criminal revision challenging the order of the Gram Nyayadhikari cum JMFC Bisra rejecting his application under Section 503 of BNSS for interim release of seized vehicle - The vehicle was seized for allegedly transporting seven bullocks in violation of the...
Criminal Law - Framing of Charge - Indian Penal Code 1860 - Sections 302 and 304 - Petitioners challenged the order framing charges for murder by strangulation - Complainant alleged the deceased was strangulated by the first petitioner while others held him - Medical reports and post-mortem examination showed no injuries on the neck of the deceased - Board of Doctors opined the cause of death was ...
Matrimonial Law - Maintenance - Code of Criminal Procedure 1973 - Section 125 - Hindu Adoptions and Maintenance Act 1956 - Section 20(3) - Maintainability for major unmarried daughter - Petitioner father challenged Family Court order awarding interim maintenance of Rs 2000 per month to his major daughter - Contended that under Section 125 CrPC a major daughter is not entitled to maintenance unless...
Criminal Law - Sexual Offences Against Children - Protection of Children from Sexual Offences Act 2012 - Section 6 - Appeal against conviction and sentence of twenty years rigorous imprisonment - Appellant aged about eighty years accused of luring a four year old child and committing penetrative sexual assault - Trial court convicted appellant relying on child victim testimony and discarding defen...