Criminal Law - Dowry Death – Conviction under Section 304B IPC – Dismissal of Appeals – Deceased married in July 1991 and found hanging in matrimonial home on 28.09.1995 – Trial Court convicted husband and parents-in-law for dowry death – High Court upheld conviction holding that all statutory ingredients of Section 304B IPC were satisfied – Appeals dismissed [P...
Criminal Procedure Code – Section 482 – Quashing of Proceedings – Scope and Limits – High Court quashed prosecution holding dispute to be purely civil and relying on prior civil decree upholding settlement deeds – Supreme Court reiterates that inherent powers cannot be used to conduct a mini-trial or evaluate credibility of allegations – At quashing stage, alleg...
Consumer Protection Act – Endorser – Liability – Section 21 – Petitioner impleaded as opposite party solely on ground of being brand ambassador of finance company – Held, liability of an endorser under Consumer Protection Act is confined to proceedings contemplated under Section 21 relating to false or misleading advertisements – Endorser cannot be fastened with...
Matrimonial Law - Maintenance – Wife Living Separately – Sufficient Cause – Section 125(4) Cr.P.C. – Family Court denied maintenance to wife on ground that she refused to return to matrimonial home during proceedings under Section 9 HMA – Held, refusal to resume cohabitation despite restitution proceedings does not by itself disentitle wife from maintenance – Di...
Criminal Law – Abetment of Suicide – Section 306 IPC – Ingredients – Cognizance – Order taking cognizance under Section 306 IPC challenged – Held, to attract Section 306 IPC, essential ingredients of Section 107 IPC namely instigation, conspiracy or intentional aid must be prima facie established – Mere refusal to marry or emotional distress caused thereby...
Criminal Law – Quashing of FIR – Section 482 Cr.P.C. – Matrimonial Dispute – Allegations arising out of strained marital relationship – FIR lodged after initiation of divorce proceedings – Allegations found to be counterblast and motivated – High Court empowered to prevent abuse of process of law [Paras 5–10, 30].
Rape – Marital Ra...
Criminal Law - Preventive Detention – Drug Offender – Public Order vs. Law and Order – Detention based on three criminal cases under NDPS Act alleging possession and peddling of Ganja – Mere registration of offences and pendency of bail applications insufficient to establish disturbance of “public order” – Absence of material showing harm, danger, alarm or...
Preventive Detention – Validity of Detention Order – Officer's Authority – Detention order issued under Section 3(1) of PIT NDPS Act by Additional Chief Secretary (Home) – Held: Though officer was competent by rank, order was not issued in the name of the State Government nor was it stated to be on behalf of the Government – Procedural irregularity noted but does ...
Criminal Law - Rape of Minor – Conviction – Sole Testimony of Prosecutrix – Sufficiency of Evidence – Appellant convicted under Section 376(2)(f)(i) IPC, Section 6 POCSO Act and Section 451 IPC – Victim aged about 9 years at time of incident – Victim categorically stated in cross-examination that appellant made full penetration – Held: Conviction can be su...
Criminal Law – Bail – Accused summoned under Section 319 Cr.P.C. – Parameters for grant of bail – Appellant named in FIR but not charge-sheeted – Subsequently summoned as accused on application under Section 319 Cr.P.C. based on deposition of eyewitnesses – Appellant arrested pursuant to non-bailable warrant and bail rejected by High Court – Held: While co...