Perjury – Filing False Affidavit – High Court’s Direction to Prosecute – Appellant accused of submitting a false affidavit during bail proceedings – High Court directed the filing of a criminal complaint under Section 193 IPC – Supreme Court emphasized that a mere denial in affidavits does not meet the threshold for perjury – No evidence of deliberate fals...
Criminal Law – Conviction under Section 353 IPC – Appeal against conviction – Acquittal - Appellant acquitted on charges under the Prevention of Corruption Act but convicted under Section 353 IPC for allegedly obstructing public servants during trap proceedings – Appellant argued the evidence was insufficient to prove assault or criminal force – Supreme Court found th...
Criminal Procedure – Misrepresentation and Forgery in Supreme Court Proceedings – Allegation of forged signatures on Vakalatnama and SLP documents submitted before the Supreme Court – Court ordered inquiry into the conduct of the involved advocates and Notary – Notice issued to petitioner’s daughter and son-in-law – Matter adjourned for further hearing. [Paras 1...
Criminal Procedure – Further Investigation – Court quashed the Sessions Court's order directing further investigation by the CID – Held that the Sessions Court erred in directing a different investigating agency (CID) to conduct further investigation – The power to order further investigation under Section 173(8) Cr.P.C. lies with the original investigating agency unles...
Negotiable Instruments Act – Dishonour of Cheque – Appeal by the complainant against acquittal of the accused in a case under Section 138 – The cheque issued as a security for a loan was dishonored due to insufficient funds – Trial court and High Court both found in favor of the accused – Supreme Court upheld the acquittal, noting contradictions in the complainant'...
Contempt of Court – Wilful Disobedience – Respondents alleged to have violated Supreme Court's order granting interim anticipatory bail – Petitioner contends wrongful detention, custodial torture, and failure to comply with procedural safeguards – The Court issued notice of contempt to police officers and judicial authorities involved, with subsequent discharge of certa...
Criminal Law – Cheating and Extortion Allegations: Petitioners challenged the criminal proceedings and charge-sheet alleging offences of cheating, blackmailing, extortion, and defamation. The complainant, a business partner, accused the petitioners of threatening him and his family to extort money. The High Court found that the complaint was filed with mala fide intentions and suppressed mat...
Criminal Law – Anticipatory Bail – Onerous Conditions – The High Court granted anticipatory bail to the appellant with the condition to file a joint affidavit with the complainant, undertaking to fulfill all physical and financial requirements of the complainant – The Supreme Court criticized the imposition of such impractical and onerous conditions, stating they could be c...
Criminal Law – Conviction for Rape and Kidnapping – Accused convicted of kidnapping a minor girl and committing rape – Trial court’s judgment upheld by High Court with partial modifications – Appeal mainly contested on grounds of unreliable evidence and improper conviction under special statutes – High Court affirms conviction under IPC, sets aside conviction un...
Constitutional Law – Right to Life and Liberty – Couple Seeking Protection – Petitioners, a married couple, approached the court seeking protection from threats posed by family members opposing their marriage – Held, the right to choose a partner is protected under Articles 14 and 21 of the Constitution – Court emphasized the duty of the state to ensure the protection...