Criminal Law – BNSS – Section 175(4) – Interpretation – Not a Standalone Provision – Issue whether Section 175(4) operates independently or in conjunction with Section 175(3) – Held: Sub-sections (3) and (4) are not isolated silos – Power to order investigation flows primarily from Section 175(3) – Section 175(4) provides an additional procedural saf...
NDPS Act – Bail – Commercial Quantity – Rigours of Section 37 – Recovery of 960 capsules of Parivon Spas Plus containing Tramadol (480 grams) and 22.92 grams of heroin from vehicle driven by petitioner – Held that Tramadol recovered constitutes commercial quantity – Twin conditions under Section 37 NDPS Act mandatory – Court not satisfied that accused is n...
Criminal Law – Sect 302 IPC – Murder - Circumstantial Evidence – Reversal of Acquittal – Limits of Appellate Interference – Trial Court acquitted the accused holding that prosecution failed to establish a complete chain of circumstances – High Court reversed acquittal holding that the five golden principles in Sharad Birdhichand Sarda were satisfied – Supr...
NDPS Act – Suspension of Sentence Pending Appeal – Commercial Quantity – Appellants convicted for recovery of 81.303 kgs of ganja sought suspension of sentence during pendency of appeal – Long period of custody (more than 2 years and 10 months) and arguable infirmities in prosecution case considered – Held: Appellants made out a prima facie case warranting suspension ...
Criminal Law – Murder of Minor – Circumstantial Evidence – Last Seen Theory – Appellant convicted for murder of 10-year-old boy and for causing disappearance of evidence – Child last seen alive in company of appellant who took him on cycle on pretext of showing exhibition – Deceased later found dead near canal in another district – Medical evidence proved ...
Execution Proceedings – Section 47 CPC – Scope and Limits – Objections raised by judgment-debtors questioning executability of decree – Held: Executing Court cannot go behind decree but can examine whether decree is a nullity, vague, or incapable of execution – Executability of decree itself falls within ambit of Section 47 CPC [Paras 52–55, 69–74].
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The Negotiable Instruments Act – Dishonour of Cheque – Section 138 – Reversal of Acquittal – Trial Court acquitted accused on ground that complainant failed to prove financial capacity to advance loan of ₹10,00,000 – Lower appellate Court reversed acquittal and convicted accused – Held: Once issuance of cheque and signature are admitted, statutory presump...
Section 125 Cr.P.C. – Maintenance denied – Wife gainfully employed and financially secure – Concealment of income and assets – Abuse of process – Family Court order upheld.
Maintenance – Section 125 Cr.P.C. – Wife’s Independent Income – Entitlement – Maintenance under Section 125 Cr.P.C. is payable only when wife is unable to...
Rape and Murder of Five-Year-Old Child – Brutal Sexual Assault using Knife – DNA and Circumstantial Evidence Complete – Conviction under BNS and POCSO Affirmed – Case falling in “Rarest of Rare” – Death Sentence Confirmed.
Criminal Law – Rape and Murder of Minor Child – Brutal Sexual Assault – Conviction Affirmed – Deceased girl ...
Suspension of Sentence – Deposit of Fine as Condition – Recall of Condition – Appellant convicted under Section 8/15 NDPS Act and sentenced to 10 years imprisonment – Sentence suspended earlier subject to deposit of fine of Rs.1 lakh – Appellant unable to deposit fine due to poverty and continued to remain in jail despite suspension order – Held: Imposition of a...