Railways - Untoward Accident - Bona Fide Passenger - Sections 123(c)(2) and 124A of Railways Act, 1989 - Valid ticket found on deceased establishes prima facie that the person was boarding the train - Held that the deceased fell from the train due to an accident and lost his life - Respondent-Railways failed to provide cogent evidence to rebut this - Tribunal's reliance on an unproduced witnes...
Criminal Law – Murder – Circumstantial Evidence – Lack of Motive – Appellants convicted for murder based on circumstantial evidence and extra judicial confession – Prosecution failed to prove animosity between accused and deceased – No motive established – Motive plays crucial role in circumstantial evidence cases – Conviction based on weak motive un...
Criminal Law – Prevention of Corruption Act – Mandatory Sanction – Competent Authority’s Refusal – Petitioner’s sanction for prosecution refused twice while in service – Post-retirement prosecution without sanction held invalid – Court's cognizance taken without valid sanction not as per law – Charges framed against petitioner set aside. [P...
Criminal Law – Negotiable Instruments Act – Vicarious Liability of Directors – Ex-Director Liability – Petitioner resigned prior to issuance of disputed cheque – Form No. 32 and annual return showed resignation – Held, Magistrate not justified in summoning petitioner without specific averments in the complaint regarding his role in conduct of company’s bus...
Indian Penal Code, 1860 - Sections 302, 307, 506, 148, 149 - Conviction - Complainant party alleged accused of committing murder - Medical evidence indicated a 12 bore shot fired from close range, contradicting the complainant's version of indiscriminate firing from a distance - Held, the medical evidence did not support the ocular version of the complainant and eyewitnesses - Conviction set a...
Negotiable Instruments Act – Interpretation of Sections 138 and 143-A – Supreme Court affirms Bombay High Court’s interpretation that the term “drawer” in Section 143-A of the NI Act refers solely to the issuer of the cheque and does not include authorized signatories of the company. The Court held that the primary liability under Section 143-A is on the drawer, which...
Criminal Law – Dowry Death – Appeal against conviction under Sections 304-B, 201 IPC – Prosecution based on complaint by father of deceased (Bhateri) alleging dowry demand by husband and in-laws – Deceased died within seven years of marriage – Evidence showed continuous harassment for dowry by husband, leading to unnatural death – Appellants (mother-in-law and f...
Criminal Law – Conviction and Sentencing – Appeal against conviction under Sections 323, 324, 325, 326, 307 read with Section 34 IPC – Incident involved mutual injuries between complainant and accused parties – Injured Baldev Singh hospitalized for 23 days, injuries declared grievous – High Court upholds conviction based on evidence of participation by both parties in...
Criminal Law – Bribery and Corruption – Conviction under Sections 7 and 13(2) of Prevention of Corruption Act – Trial court found appellant guilty of taking bribe for restoring electric supply – Appellant argued that complainant had poor moral character and shadow witness did not support prosecution – Held, termination of complainant unrelated to moral character &ndas...
Criminal Law – Rape of Minor – Conviction under Section 376(2)(f) IPC – Appeal against conviction for raping a 7-year-old girl – Victim's testimony corroborated by medical evidence – Delay in lodging FIR explained due to non-identification of the accused initially – High Court finds testimony of the minor victim credible and consistent with the prosecution&r...