Criminal Law – Clubbing of FIRs – Investor Fraud – Petitioners sought consolidation of FIRs registered across Telangana, Karnataka, Maharashtra, West Bengal, Delhi, Andhra Pradesh, and Rajasthan alleging identical modus operandi of duping investors – Court held prayer to club all FIRs from different States and even future FIRs “overambitious and illegal” –...
Maintenance – Enhancement under Section 127 CrPC – Permanent Alimony under HMA – Overlapping Jurisdiction – Petitioner-husband challenged enhancement of monthly maintenance to ₹30,000 under Section 127 CrPC despite decree of ₹20,000 permanent alimony under Section 25 of Hindu Marriage Act – Magistrate enhanced maintenance based solely on affidavit and ev...
Criminal Law – Murder – Conspiracy – Acquittal – Accused convicted by Trial Court for murder based on motive, last seen theory, and recovery of incriminating material – High Court reversed conviction citing lack of reliable evidence, failure to prove motive, and inadmissibility of call detail records – Supreme Court upheld acquittal – Held: No reliable, co...
Matrimonial Law - Domestic Violence Act – Maintenance and Alternative Accommodation – Quantum Justified – Petitioner/husband challenged concurrent orders granting ₹2,500 per month as maintenance and ₹500 as rent for alternate accommodation to the wife under Sections 18 and 19 of the Domestic Violence Act – Trial Court found wife to be unemployed and dependent – Ma...
Criminal Law – Rape – POCSO – Acquittal – Accused stepfather convicted under Section 376(2)(f) IPC and Section 6 POCSO for alleged repeated rape of 17-year-old stepdaughter over 4 years – FIR lodged by son of accused – Defence argued marriage with victim’s mother took place only in 2021, making 4-year timeframe implausible – Defence evidence and expl...
Criminal Writ - Juvenile Justice – Habeas Corpus – Continued Detention of Juvenile – Petitioner detained since 2017 in murder case – Claimed before Trial Court that he was a juvenile on date of offence (DOB: 13.12.2002) – Scholar register and Principal’s statement showed age as 14 years 3 months 19 days at time of offence – Trial Court failed to determine ...
Negotiable Instruments Act – Section 148 – Suspension of Sentence – Deposit of 20% – Not Mandatory – Held: The deposit of 20% of compensation amount under Section 148 NI Act is not an absolute precondition for suspension of sentence – The word "may" in Section 148(1) confers discretionary power on the Appellate Court – It can be waived or reduced...
NDPS Bail – Section 21(c), NDPS Act – Commercial quantity heroin (500 gms) – Bail granted despite Section 37 bar due to prolonged custody of 1 year 5 months, absence of antecedents, and SC precedents – Conditional liberty with strict safeguards [Paras 11-16, 17, 26].
Commercial Quantity & Rigors of Section 37 – Recovery of 500 grams heroin constituted commercia...
Aadhaar Act – Disclosure of Demographic Information – Section 33(1) – Application filed by State police under Section 33(1) of Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 – Sought disclosure of Aadhaar enrolment details and supporting documents of Respondent No.3, an Israeli national allegedly residing in India illegally &nd...
Rape Conviction – Deaf and Dumb Witness – CrPC S.164(5-A); Evidence Act Ss.118–119 – Interpreter was prosecution witness; denial of effective cross-examination – Trial vitiated – Conviction set aside without remand; guidelines issued for vulnerable witnesses.
Rape Conviction – Deaf and Dumb Witness – Section 376(2)(l) IPC; Section 164(5-A) CrPC &n...