Criminal Law – Section 125 Cr.P.C. – Maintenance – Interim Maintenance to Wife and Minor Son – High Court upheld the Family Court’s order granting interim maintenance of ₹12,000 per month to the wife and ₹8,000 per month to the son – Challenge to the estimation of husband's income at ₹60,000 per month despite his claim of earning ₹10,000 per month &n...
Criminal Law – Quashing of Summoning Order – Distinction between Civil and Criminal Proceedings – Held – Summoning order under Section 406 IPC by the Magistrate was quashed by the Supreme Court – No prima facie case of criminal breach of trust established against the appellants – Supreme Court emphasized that mere non-payment of dues arising from a commercial tr...
Criminal Law – Conviction under Gangsters Act – Appellant convicted under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act – Trial court sentenced appellant to four years’ imprisonment and imposed a fine – Prosecution’s evidence primarily based on a single FIR and witness testimonies – High Court examines procedural l...
Criminal Law – Child Custody – Supreme Court’s ruling in favor of natural guardian (father) – High Court’s denial of habeas corpus petition for custody of minor daughter set aside by the Supreme Court – The Court emphasized the paramount welfare of the child and the natural guardian’s right to custody – Allegations against the father were deemed afte...
Criminal Law – Vicarious Liability – Complaint Quashing: Complaint filed by National Housing Bank alleging violations under Section 29A of the National Housing Bank Act against the company and its directors – High Court quashed the complaint for non-compliance with the requirements similar to those in Section 141 of the Negotiable Instruments Act – Supreme Court held that t...
Facts:The appellant, Jagdish, was injured in a motor accident on November 24, 2011, resulting in severe injuries.The accident occurred when Jagdish, riding a motorcycle, was hit by a dumper, causing 90% permanent disability.Issues:The appellant sought an enhancement of compensation on several grounds, including loss of future prospects, computation of disability, and increase in monthly income.Hel...
Sexual Harassment – Conviction and Appeal – The deceased appellant Sakthivel was accused of sexually harassing eight girl students aged 9 and 10 years in Solappadi Government Primary School. The allegations included inappropriate touching and pinching of the students. The trial court convicted Sakthivel under Section 7 read with Section 8 of the POCSO Act. However, the High Court allow...
Interim Bail – Medical Grounds – Petitioner, suffering from multiple ailments including post-bariatric surgery complications, sought interim bail citing inability of jail to provide necessary dietary and medical care – Medical reports indicated necessity of specialized diet and treatment not feasible in jail – Respondent argued petitioner previously misused bail and jail au...
Discharge Application – Scope and Consideration – The Supreme Court reiterated that the scope of consideration under Section 227, Cr.PC, is confined to the 'record of the case and the documents submitted therewith' by the prosecution – Defence materials cannot be considered at this stage – The court must determine whether there is sufficient ground for proceeding ag...
Judicial Delay and Political Influence – Withdrawal of Prosecution – Case involving accused, including a politically influential individual, facing trial for double murder – Accused successfully delayed trial for nearly three decades through repeated adjournments – Trial Court allowed withdrawal of prosecution against one accused (Chhote Singh) citing good public image &nda...