Stay of Conviction - Provisions of Section 499 IPC - Appeal challenging the order of conviction and sentence passed by the Trial Judge - Petitioner granted Special Leave to Appeal - Trial Judge imposed the maximum sentence of two years without providing reasons - Subsection (3) of Section 8 of the Representation of the People Act, 1950 triggered due to the maximum sentence - Offence non-cognizable...
Electricity Supply - Charging of electricity consumption for lawyers' chambers in court premises - Applicability of rate schedule - Whether legal profession constitutes a commercial activity - Distinction between profession and trade/business - Discrimination in charging electricity rates for similar premises within the same State - Writ petition filed for clarification and uniformity in charg...
The petitioner, Nandakumar N, is the 2nd accused in Crime No.26/2021 of Excise Enforcement & Anti Narcotic Special Squad, Ernakulam. He is charged under Sections 20(b)(ii)C, 25, and 29 of the NDPS Act. The application for regular bail is submitted due to his prolonged judicial custody. [Para 2]
The prosecution argued that the petitioner was driving the vehicle in which the contrab...
Criminal Appeal – Bail Application – Offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 – Application for bail under Section 439 CrPC – Alleged involvement of the Applicant in drug trafficking – Recovery of commercial quantity of contraband – Conspiracy with co-accused persons – Interpretation of Section 37 NDPS Act – Admissibili...
Criminal Misc. Case – Quashing of Proceedings under Section 498-A of IPC – Accused in a live-in relationship with the complainant’s husband – Whether the term “relative” under Section 498-A includes a woman in a romantic relationship with the husband – Strict construction of penal provision – Contextual interpretation – Quashing of FIR and Fina...
Criminal Law - Appeal against conviction and sentence - Section 374 of the Code of Criminal Procedure, 1973 - Appellant convicted under Section 326 of IPC for causing grievous injury - Appeal filed against judgment of conviction and sentence - Sole testimony of credible injured witness relied upon - Conviction based on medical testimony and other relevant witnesses - Acquittal of co-accused not af...
Criminal Appeal – Defamation – Challenge to the order of issue of process for the offence of defamation under Section 500 of IPC – High Court declining to entertain the petition on the ground of delay – Allegations made in the complaint addressed to SDM – Appellant contending that the alleged defamatory words were made in good faith and constitute an accusation prefer...
Criminal Appeal No. 1050 of 2013 – Acquittal of appellants – Lack of evidence connecting them to the crime – Discrepancies in prosecution’s version – Chain of events broken by earlier acquittal of one accused – No external/internal injury on prosecutrix’s body – Medical examination discredits her version – Appellants’ alibi claim disregar...
Suspension of sentence and grant of bail under Section 389 of the CrPC - Factors to consider - Prima facie satisfaction of fair chances of acquittal - Whether the High Court committed an error in suspending the substantive order of sentence and granting bail to the convicts pending the final disposal of their criminal appeals – Held - the appellate court must record reasons in writing and ob...
Criminal Appeal – Murder and Kidnapping - Acquittal– Appeal against the conviction and sentence – Appellant convicted for offences under Sections 364 and 302 of the IPC – Issues raised regarding sufficiency of evidence, contradictory testimonies, and unreliable recovery – Consideration of medical reports, disclosure statement, and recovery memo – Extortionate me...