Criminal Law – Cheating – Section 420 IPC – Quashment of Proceedings – Educational institution accused of using a forged Fire NOC to secure recognition – National Building Code and writ directions established no Fire NOC was required for buildings below 15 metres – Held: Essential ingredient of dishonest or fraudulent inducement absent since recognition/renewal ...
Criminal Procedure – Registration of FIR – Article 226 & Section 482 Cr.P.C. – Writ petitions by complainants against CBI officers alleging intimidation and illegal seizures – High Court directed registration of FIRs – Supreme Court upheld orders, holding that once complaints disclose cognizable offences, FIR registration is mandatory – Preliminary inquiry r...
Suspension of Sentence – Section 389 CrPC – Convict for Possession of Counterfeit Currency – Relief Denied – Petitioner convicted under Sections 489-B and 489-C IPC for recovery of ₹31,27,500/- counterfeit currency notes – Application under Section 389(1) CrPC seeking bail pending appeal rejected – Revision filed challenging rejection – Held: Mere allega...
Negotiable Instruments Act – Dishonour of Cheque – Section 138 NI Act – Conviction and Sentence – Compounded by Settlement – Petitioner convicted under Section 138 NI Act for dishonour of cheque of Rs.17 lakhs and sentenced to six months’ imprisonment with Rs.2 lakhs compensation – Appellate Court enhanced compensation to Rs.5 lakhs – During pendency...
NDPS Act – Sampling Procedure – Section 52A(2) – Mandatory Compliance – Accused found with Buprenorphine and Diazepam injections – Samples drawn by detecting officer at spot without moving application to Magistrate – Held: As per Union of India v. Mohanlal (2016) and Simranjit Singh v. State of Punjab (2023), samples must be drawn in presence and under supervisi...
Criminal Law - Counterfeit Currency – Section 489C IPC – Conviction Sustained – Appellants apprehended in 2008 raid at Chandni Chowk with 20 counterfeit ₹500 notes (12 from Aashim, 8 from Mehtab Jahan) – Defence of false implication rejected – Police evidence, though uncorroborated by public witnesses, accepted after careful scrutiny; consistent and credible –...
Murder – Circumstantial Evidence – Section 302 IPC – Conviction Set Aside – The prosecution case rested on the “last seen theory” and hearsay evidence alleging that the appellant, aunt of the deceased child, strangulated him and threw him in a pond – The Trial Court convicted relying on last seen theory and alleged motive arising from family disputes &ndas...
Motor Accident – Criminal Liability of Vehicle Owner – Registered Owner Held Liable – Petition for Quashing Rejected – The petitioner, arraigned as Accused No.2, sought quashing of proceedings on the ground that he had sold the scooter involved in the accident – Held: Despite the claim of sale, the Registration Certificate continued in the name of the petitioner &ndas...
Criminal Law - Abetment of Suicide – Section 306 IPC – Neighbourhood Quarrels – Conviction Set Aside – Deceased, a 25-year-old woman, committed suicide by setting herself on fire following constant quarrels with neighbour (appellant) – Trial Court convicted under Section 306 IPC and Section 3(2)(v) SC/ST Act; High Court confirmed conviction under Section 306 but acqui...
Cheque Dishonour – Sections 138, 139 NI Act – Presumption of Legally Enforceable Debt – Conviction Upheld – Petitioner admitted issuance and signatures on cheque; defence of blank cheques misused found improbable; no legal action taken against complainant for alleged misuse – Held: Presumption under Sections 118(a) & 139 NI Act unrebutted – Conviction justif...