Service Law – Reservation – OBC-NCL Certificate – Cut-off period for issuance – Rule 21.2 of CAPF (AC) Rules, 2023 and 2024 struck down – Petitioners, all belonging to OBC-NCL category, were disqualified from selection process solely on the ground that their certificates were issued outside the stipulated narrow cut-off window (01.04.2023 to 16.05.2023 for 2023 and 01...
Criminal Law – Rape – Sole Testimony of Prosecutrix – Conviction Sustained – Appellant convicted under Section 376 IPC based on sole testimony of prosecutrix – Trial court's judgment upheld – High Court finds testimony of prosecutrix consistent, credible, and corroborated by FIR (Ex. PW3/A), medical evidence (MLC Ex. PW2/A), FSL reports (Ex. PW9/D and PW9/E)...
Criminal Law – Rape on False Promise of Marriage – Section 376 IPC – Appellant convicted by Trial Court for establishing physical relations with prosecutrix on assurance of marriage – Prosecutrix admitted consensual relationship – No allegation of forcible sexual intercourse – Held: Mere breach of promise, without proof that promise was false at inception, does ...
Banking Law - SARFAESI Act – Auction Sale – Rights of Auction Purchaser – Petitioner declared highest bidder and deposited entire bid amount including 25% earnest money – Sale could not be confirmed due to DRT order directing status quo and restraining confirmation of sale – Held: Mere participation in auction and deposit of bid amount does not create any vested right...
Negotiable Instruments Act – Section 138 – Criminal Revision – Scope of Interference – Concurrent findings of conviction by Trial Court and Appellate Court – Revisional Court not to reappreciate evidence unless findings are perverse, grossly erroneous or based on no evidence – Held: No jurisdictional error or perversity shown warranting interference [Paras 11&nd...
Abetment of Suicide – Section 306 IPC – Self-Immolation by Wife – Evidence of Neighbours – Deceased committed suicide by self-immolation following intense quarrel with husband – Neighbours (PWs 2, 3, 6 & 7) consistently deposed that appellant abused and humiliated deceased by calling her caste name shortly before the incident – Such conduct held to be immedi...
Criminal Law - Disproportionate Assets – Discharge under Section 227 Cr.P.C. – Public Servant – Accused working as Office Attendant in Transport Department alleged to have amassed assets disproportionate to known sources of income to the extent of 39.30% – Revision petitioner contended that assets and income of wife and father-in-law were wrongly included – Special Co...
Criminal Law – Murder vs. Culpable Homicide – Sudden Quarrel – Conversion of Conviction – Appellants convicted under Section 302 read with Section 34 IPC for causing death by assault with agricultural implement (kudal) – Incident arose suddenly during dispute over cutting of drainage mound between adjoining fields – No premeditation or prior enmity proved &ndash...
Criminal Law – Quashing of FIR – Compromise – Rash and Negligent Act Causing Death – FIR registered under Sections 281, 125(a) and 106 BNS – Petitioner sought quashing on the basis of compromise with complainant – Held: Offence under Section 106 BNS is not private in nature but a crime against society – FIR cannot be quashed merely on the basis of compromi...
Criminal Law – Discharge – Forest Fire Incident – Trekking Tragedy – Appellant, a Forest Officer, arraigned for offences under Sections 304 (Part II), 326, 338 and 304A IPC for deaths and injuries caused to trekkers during Kurangani forest fire – Allegation that appellant permitted trekking and received trekking fees – Trial Court and High Court refused discharg...