Criminal Law – Quashing of Criminal Proceedings - Defamation – Builder-Buyer Protest – Peaceful Banner Display by Flat Owners – Complaint Quashed – The appellants protested against the developer by publicly displaying banners alleging non-performance and defects – The builder filed a defamation complaint – Held: The language used was temperate, grievances ...
Criminal Law – Conviction under Section 302 read with Section 34 IPC – Appeal Dismissed – The appellant challenged his conviction for murder, asserting he had no active role in the incident and that the evidence of related witnesses was unreliable – The Supreme Court upheld concurrent findings of the Trial Court and the High Court, holding that the evidence of eyewitnesses ...
Company Law – SFIO probe – Whistleblower sought copies of complaint & annexures – Special Court directed “Issue CC on usual terms” without reasons – High Court quashed – Held: Stranger not entitled to complaint/annexures; only investigation report permissible under Section 212(13) Companies Act – Orders unsustainable – Applications re...
Criminal Law – Murder Conviction under Section 302 IPC – Conviction Affirmed – The appellant challenged the concurrent findings of the Trial Court and High Court convicting him for murder on several grounds including contradictions in medical and ocular evidence, delay in FIR, defective investigation, non-examination of witnesses, and denial of alibi – The Supreme Court fou...
Criminal Law – Conspiracy – Sections 120B/302/109 IPC – Substratum of Prosecution Case – Principal Alleged Conspirator Discharged – Respondent charged with conspiring with Dr. Sanjay Singh to murder Syed Modi; Dr. Sanjay Singh and Amita Kulkarni earlier discharged, their discharge affirmed up to Supreme Court – Held: With the alleged main conspirator discharged ...
Criminal Law – Murder and Abduction – Sections 302/149 and 364/149 IPC – Appeal against Acquittal – Scope of Interference – Trial Court convicted respondents for abduction and murder of the deceased based on testimonies of PWs 4, 5, 9 and recovery of body from accused’s house – Division Bench of High Court returned split verdict and third Judge concurred i...
Criminal Law - Dowry Death – “Soon Before Her Death” – Section 304B IPC – Conviction Set Aside – Evidence must show cruelty/harassment for dowry soon before death with a proximate and live link to the death – Record disclosed no dowry-related cruelty for about 15 months prior to death; proximity test not satisfied – Held: Conviction under Section 304...
Criminal Law – Murder - Appeal Against Acquittal – Scope of Interference – Conviction Restored – Trial court acquitted all accused on conjectures (age/incapacity, alleged ante-timed FIR, private defence) – High Court reappreciated clear eye-witness evidence and reversed acquittal – Supreme Court: appellate interference justified where trial court ignores admissi...
Criminal Procedure – Maintenance under Section 125 CrPC – Delay in disposal – High Court directed Family Court to expedite proceedings – Petitioner later invoked contempt jurisdiction for non-compliance – High Court summoned Presiding Judge but did not itself grant maintenance – Held: Petitioner has remedy before High Court; appropriate for High Court to exercis...
Criminal Law – Reversal of Acquittal – Conviction Restored – The Trial Court convicted the respondent under Section 302 IPC for murder based on consistent eyewitness testimony, post-mortem findings, and recovery of weapon – High Court reversed the conviction citing irregularities in the firing range test, ballistic report, and credibility of related witnesses – Held: ...