Negotiable Instruments - Cheque Bounce - Acquittal - Appeal against acquittal under Section 138 of the Negotiable Instruments Act - Trial court held that complainant failed to prove the cheque was issued in discharge of legally enforceable debt - Presumption under Section 139 rebuttable - Accused raised a probable defense - Appeal dismissed. [Paras 9-11]
Presumption and Burden of Proo...
Cheque Bounce Case – Examination of Handwriting Expert – Disputed Signatures – Permission to examine handwriting expert denied – Complaint filed under Section 138 of the Negotiable Instruments Act, 1881 – Accused denied signatures on the cheque from the beginning – Petitioner sought permission for comparison of accused’s signatures on the cheque with speci...
Criminal Quash Petition – Offences under Sections 132 and 135(1)(a) and (b) of The Customs Act, 1962 – Petitioner challenges Criminal Complaint and summoning order – Allegation of smuggling arms and ammunitions – Petitioner’s License used by father for import – Petitioner’s statement under Section 108 of the Act – Petitioner studying law and a nation...
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Eviction of son from property – Applicability of Section 4(3) – Obligation of children to maintain parents – Need-based maintenance – Quashing of eviction order.
Facts [Para 20-22]: The petitioner and his wife were living with the petitioner’s parents. Allegations were made that the petitioner...
Facts: The appellants were tried for offenses under Section 376-D of the IPC, Section 4 of the POCSO Act, and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, for committing gang rape on 21-1-2018. During the trial, the appellants filed an application for a DNA test of themselves, the victim, and the victim’s newly born baby, which was re...
Criminal Appeal – Acquittal - Section 307 read with 34 of IPC – Conviction challenged based on discrepancies in the evidence – Appellants convicted for assaulting victim’s mother – Informant’s presence doubted as he arrived after hearing noise – Inconsistencies in the story of prosecution witnesses – Victim not examined – Prosecution fails to p...
Criminal Appeal – Grant of Bail – Appellant’s appeal challenging the bail condition imposed by the High Court – Appellant, a foreign citizen, had been under incarceration for around nine years and three months – High Court’s condition required a certificate of assurance from the High Commission of Nigeria – Appellant’s counsel argued that this condit...
Criminal Appeal – Conviction and Sentencing – Accused challenging conviction under IPC sections 302, 120B, 34 and 307 – Dispute over possession of land resulting in a violent incident – Two deceased individuals – Three injured eye-witnesses – Discrepancies in testimonies regarding the locations of the attacks – High Court acquitting some accused but convic...
Criminal Appeal – Bail Application under NDPS Act – Contraband possession and trafficking – Recovery of fake stickers – Disclosure statement – CDR call records – Material evidence – Analysis of various contentions and arguments – Consideration of legality and applicability of evidence – Examination of case law regarding admissibility of confess...
Criminal Bail Application – Narcotic Drugs and Psychotropic Substances Act, 1985 – Regular bail application under Section 439 of CrPC – Applicant seeks bail in relation to NDPS Act case – Commercial quantity of contraband recovered – Disclosure statements under Section 67 of NDPS Act used to establish applicant’s involvement – Charges framed, trial likely ...