Criminal Law - Murder – Eyewitness Testimony by Relative – Credibility Upheld – Conviction Confirmed - PW-10 Ram Pal, brother-in-law of the deceased, was an eyewitness – Court held that being a related witness does not by itself make him untrustworthy – His presence at the scene was natural, his testimony consistent and corroborated by medical and forensic evide...
Criminal Law – Quashing - Cruelty under Section 498-A IPC – Taunts, Abuses and Alleged Assaults – Prima Facie Offence Made Out – Petition Dismissed – Wife alleged repeated physical and mental harassment including beatings, sexual violence, and dowry-related abuse – Court held that these allegations, if proven, could attract Section 498-A IPC and require adjudica...
Bail - Terror Funding and Secessionist Conspiracy – Section 43D(5) UAPA – Prima Facie Bar to Bail – Bail Denied – Appellant alleged to be part of a larger conspiracy with Hurriyat Conference members and banned terrorist outfits to orchestrate unrest and violence in Jammu & Kashmir – Evidence includes sting operations, letters from militant commanders, protected wi...
Industrial Dispute – Reference by Appropriate Government – Reference Held Defective – The court held that while referring the industrial dispute, the Appropriate Government worded the reference in a manner suggesting a pre-declared conclusion that the contract system is “sham and bogus” – This prejudiced the adjudication and restricted the Industrial Tribunal fr...
Cheque Dishonour – Presumption under Section 139 N.I. Act – Conviction Ordered – The accused was acquitted by the Trial Court holding the defence of issuance of cheque towards a furniture transaction as probable – The High Court found that the accused failed to substantiate the existence of Somayaji Furniture or prove repayment – No proof of purchase, no examination o...
Matrimonial Muslim Law - Maintenance — Minor Daughter’s Right — Section 125 CrPC — Maintenance directed for wife but omitted for minor daughter — Illegality committed by Family Court — Held: Minor daughter, being undisputedly born out of wedlock, is entitled to maintenance from her father under Section 125 CrPC — Court directed Rs.2,000/- per month as main...
Criminal Law - Section 482 CrPC/Section 528 BNSS – Seeking Direction for Fair Investigation – No Right of Accused to Dictate Manner or Agency – Petition Dismissed – Petitioner sought direction to conduct investigation in a free and fair manner and impliedly questioned investigating agency – Supreme Court precedents cited to hold that an accused has no right to dictate...
Criminal Law - Murder Trial – Oral Dying Declaration – Acceptable and Corroborated – Conviction Upheld – Deceased Sanjay, before succumbing to gunshot wounds, made a statement to his father and uncle identifying Lachhman as the assailant – Court held that oral dying declarations, if reliable and supported by medical evidence, are admissible – Consistent medical ...
Criminal Law - Victim Compensation – Enhancement – Application of Gujarat Victim Compensation Scheme – Compensation Enhanced – The trial court awarded Rs.3,00,000/- as compensation to the minor victim of rape without assigning proper reasons – High Court held that as per the Gujarat Victim Compensation Scheme, 2019, considering rape, resultant pregnancy, and the minor...
Criminal Law - Quashing of Criminal Proceedings – Section 482 CrPC – Improper Exercise of Inherent Powers – High Court Erred – High Court quashed proceedings against the respondent solely on the basis that he played a minimal role and received a small alleged bribe – Held: High Court erred by evaluating sufficiency of evidence and engaging in a ‘mini-trial&rsquo...
