Criminal Law – Corruption – Conviction and Sentencing – Appellant, a clerk, convicted for accepting a bribe of Rs. 2000 to expedite the processing of a telephone PCO booth application – Trial court’s judgment affirmed with modification in sentencing – Sentences under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 upheld – Sente...
Pre-arrest Bail – Economic Offences – Judicial Discretion – Petitioners, accused of breach of trust and cheating in granting loans and fixing deposit interests contrary to circulars, sought pre-arrest bail – High Court denied the bail, emphasizing the serious nature of the economic offences and the necessity for custodial interrogation – Court underscored that anticip...
Juvenile Justice – Bail to Juvenile – Statutory Mandate – Petitioner, a juvenile, sought bail under Section 12 of the Juvenile Justice Act – Bail to juveniles is a rule, denial is an exception – Court must release a juvenile unless one of the three exceptions in Section 12(1) applies: association with known criminals, exposure to moral danger, or defeating t...
Criminal Law – Disproportionate Assets – Charge Framing – Petitioners challenged the framing of charges by the trial court alleging disproportionate assets – Original closure report indicated no disproportionate assets – Subsequent investigation reopened after four years – Charges framed for possessing assets disproportionate to known sources of income – P...
Default Bail – Indefeasible Right – Reasonable Opportunity – Petitioner applied for default bail under Section 167(2) CrPC due to incomplete challan without FSL report – Bail granted but bonds furnished after court hours – Held, default bail is an indefeasible right, not defeated by late submission of bonds if reasonable opportunity to fulfill conditions is given &nda...
Criminal Law – POCSO Act – Applicability – The appellant argued that incidents of sexual harassment and assault occurred either before the enforcement of the POCSO Act or after the prosecutrix attained majority – Held, incidents in 2011 occurred before the POCSO Act, but continued harassment in 2012 and 2013 fell within its purview – Appeal dismissed [Paras 1-52].
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Motor Vehicles Act, 1988 - Section 166 - Notional Income of Deceased Housewife - Calculation of notional income of a deceased housewife in motor accident claims - Held - The deceased, aged 22 years with a young child, had her notional income assessed at Rs. 8000 per month. No deductions for self-expenses were applied, as per legal precedents, recognizing the multifarious roles of a housewife. The ...
NDPS Act – Compliance of Mandatory Provisions – Investigation lapses leading to bail and acquittals – Issuance of guidelines for investigating officers – Court found that non-compliance with provisions of Sections 42 and 50 of the NDPS Act often results in faulty investigations, allowing accused to secure bail and eventual acquittal – Guidelines issued for adherence t...
Juvenile Justice – Bail – Gravity of Offence – Petitioner, a juvenile, was denied bail by the Magistrate and Additional District Judge despite one year in custody – Revision petition argued that under Section 12 of the Juvenile Justice Act, bail is the rule for juveniles except in specific contingencies – Court held that the gravity of the offence should not be consid...
Criminal Law – Anticipatory Bail – Imposition of Onerous Conditions – The High Court granted provisional pre-arrest bail with a condition that the appellant must file an affidavit undertaking to fulfill all physical and financial requirements of the complainant-wife to enable her to lead a dignified life without interference from his family members – Supreme Court held that...