Family Law - Maintenance – Award of ₹21,000 to Wife/Mother – Challenge under Section 438 r/w 442 BNSS – Petitioners (husband and sons of respondent) contended that respondent left matrimonial home voluntarily in 2015 and filed maintenance petition only in 2019 – Petitioners alleged their own lack of income and claimed respondent had sufficient means and was living indepen...
Criminal Law – Quashing - Drugs and Cosmetics Act – Sale of Drugs Without Valid License – Petitioner (Accused No.2), a licensed drug distributor, alleged to have supplied allopathic drugs to Accused No.1, a non-registered practitioner running a clinic without drug license – Proceedings initiated under Sections 18(a)(vi) and 27(d) of the Act of 1940 – Court held that s...
Criminal Law – Summoning Order – Quashed – Appeal under Section 14A SC/ST Act – Appellant summoned under Sections 406, 420, 467, 468, 471, 120-B, 506 IPC and Section 3(2)(v) SC/ST Act in a complaint case arising from a failed land transaction – Delay of over six months in lodging complaint – Allegation of rape found not credible and summoning not done for offenc...
Criminal Law – Bail – Land Dispute – Delay in FIR – Petitioners alleged to have threatened and criminally intimidated complainant over land pooling – Multiple incidents reported with significant delays (up to 68 days) – Held: Delay in filing FIR and complainant’s own criminal antecedents cast doubt on veracity – Bail granted [Paras 5, 14, 15, 19].
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Negotiable Instruments Act – Section 148 – Conditional Deposit for Appeal – Conviction under Section 138 NI Act challenged in appeal – Appellate Court directed deposit of 30% compensation amount as condition for hearing – Petitioners alleged they were not granted opportunity to oppose application under Section 148 and cited exceptional circumstances including lack of ...
Criminal Law – Criminal Revision Against Framing of Charge - Criminal Conspiracy – Registrar of Cooperative Societies alleged to have approved fraudulent freeze list of members and expulsion of 48 original members of Naval Technical Officers CGHS – File notings showed serious discrepancies, absence of required affidavits, and false audit reports – Held: Material on record e...
Criminal Law – Murder, Attempt to Murder, Hurt, Robbery – Sections 302, 307, 324, 394 read with Section 34 IPC – Acquittal Restored – The appellants, along with others, were charged under Sections 148, 302, 307, 324, 394 IPC – The trial court acquitted them giving cogent reasons, doubting prosecution evidence and reliability of witnesses – The High Court reverse...
Criminal Law - Dowry Death – Section 304B IPC – Conviction Restored – High Court’s Acquittal Reversed – Accused married deceased after original groom failed to appear; marriage took place based on dowry demand of ₹10,000 and 3 sovereigns of gold – Part dowry paid; remaining balance due – Deceased subjected to harassment for balance dowry amount shortly b...
Criminal Law – Rajasthan Sati (Prevention) Act – Offences Under Sections 5 and 6(3) Are Distinct – High Court’s View Overruled – Held: Section 5 penalises acts glorifying Sati per se; Section 6(3) penalises violation of prohibitory order issued under Sections 6(1) or 6(2) – Offences under both sections are separate in ingredients, scope, and object – Secti...
Criminal Procedure – Anticipatory Bail – Grant Without Cogent Reasons – High Court granted anticipatory bail to accused in murder case under Section 302 IPC and Section 27 Arms Act – Accused allegedly extorted money from the deceased, a health worker, and hired contract killers upon her failure to pay – Supreme Court held that the High Court failed to record adequate ...