Special Leave Petition – Pre-arrest Bail – Petitioner, a practicing lawyer, seeks pre-arrest bail against FIR No. 19 of 2022 lodged by his wife – Both sides adequately represented by counsel – Special Leave Petition heard and disposed of. [Para 1, 6]
Dowry Articles – Contested Claims – Respondent No. 2 alleges the dowry articles have not been returned,...
Conviction and Appeal – Original Conviction and Subsequent Appeals
The appellants were convicted and sentenced to life imprisonment under Sections 341, 302 read with 34 of IPC for the murder of Smt. Keshari Mahato. The High Court affirmed the decision. Special Leave Petition was filed, and leave was granted for A-1 (Bhaktu Gorain) and A-3 (Bandhu Gorain). [Para 2-3]
Circumsta...
Territorial Jurisdiction Dispute – Section 138, 142(2)(a)N.I. Act - The case involves a jurisdictional dispute regarding dishonoured cheques. The Judicial Magistrate, First Class, erroneously held no territorial jurisdiction, denying the appellant a chance to remedy the situation. Procedural defects should not obstruct substantial justice.
Exercise of Constitutional Powers – ...
Default Bail - Petitioner seeks to set aside/modify an order granting interim bail under Section 167(2) CrPC - Case involves recovery of MDMA - Petitioner applied for default bail after 196 days in judicial custody due to non-filing of charge-sheet - Impugned order granted interim bail till filing of FSL report and challan - Petitioner contends that Section 167(2) does not allow for interim bail -...
Criminal Appeal – Constitutionality of Section 6A of the Delhi Special Police Establishment Act, 1946 – Whether retrospective or prospective application of the declaration of unconstitutionality – Reference to a larger bench for determination – Arguments regarding the applicability of Article 20 of the Constitution – Section 6A as a procedural provision – Nature...
Unconstitutionality of Legislative Provisions – Retrospective Application of Judicial Decisions: The Supreme Court declared Section 6A of the Delhi Special Police Establishment Act, 1946 unconstitutional for violating Article 14 of the Constitution. The decision, made in the context of Article 20, applies retrospectively, rendering the provision non-existent from its inception in 2003. [Para...
Criminal Appeal – Conviction under Sections 376(2)(i), 323 of the IPC, and Section 6 of the POCSO Act – Appeal against the trial court's judgment – Evaluation of the evidence – Victim's testimony found consistent and reliable – Medical evidence supports the victim's claims – Age of the victim confirmed to be below 18 years – Conviction affirmed...
Murder - Criminal Appeal – Challenge to the Judgment of the Trial Court – Conviction of the appellants – Evaluation of evidence – Role of injured witnesses – Assessment of material omissions and contradictions – Conviction upheld for appellants, except for accused Datta. [Para 10-24]
Delay in FIR – Allegation of inordinate delay in registering the FIR &...
Matrimonial Dispute – Transfer of Petition – Petitioner-wife seeks transfer of the case filed under Section 10 of the Hindu Marriage Act due to distance and inconvenience.
Legal Precedents – Judgments like Sumita Singh Vs. Kumar Sanjay, Rajani Kishor Pardeshi Vs. Kishor Babulal Pardeshi, and N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha cited to emphasize the convenience of ...
Revision Petition against Summoning Order – Accused challenging summoning order in a drug-related case – Accused claiming valid drug license at the time of supply –– Petition filed under CrPC Section 482 and Article 227 –– Accused declared proclaimed offender for non-appearance. [Para 1-18]
Criminal Offense - Section 27 (b) (ii) of the Drug and Cosmetics Acts...