Negotiable Instruments Act – Interpretation of Sections 138 and 143-A – Supreme Court affirms Bombay High Court’s interpretation that the term “drawer” in Section 143-A of the NI Act refers solely to the issuer of the cheque and does not include authorized signatories of the company. The Court held that the primary liability under Section 143-A is on the drawer, which...
Criminal Law – Examination Fraud – Systemic Malpractice – The petitioners alleged that the NEET 2024 examination was compromised due to widespread paper leaks and manipulation – Investigation revealed isolated incidents in Hazaribagh, Patna, and other places but no evidence of systemic malpractice affecting the overall integrity of the examination – The Supreme Court,...
Narcotic Drugs – Conviction – Appeal: Appellant convicted for possession and trafficking of charas (9 kg and 800 grams) – Trial Court sentenced appellant to 20 years imprisonment with a fine of Rs. 1,00,000 – Appellant’s challenge based on procedural lapses in sampling and certification as per NDPS Act and Standing Orders – High Court finds procedural irregulari...
Sentencing under Section 307 IPC – Limitation on Term – Convicts sentenced to 14 years rigorous imprisonment challenged the sentence – Argument that Section 307 IPC limits imprisonment to ten years unless hurt caused warrants life imprisonment – Court examined statutory interpretation of Section 307 IPC – Held that imprisonment exceeding ten years without awarding lif...
Bail – Pre-arrest Bail – Conditional Bail – High Court granted pre-arrest bail to the appellants with the condition to deposit 25% of ₹20,00,000. Supreme Court emphasizes that courts should not act as recovery agents for complainants’ dues when granting bail [Paras 2-5].
Conditional Bail – Jurisprudence – Supreme Court observes that the condition ...
Criminal Law – Quashing of Complaint – Petitioner challenged the complaint filed under the Drugs and Cosmetics Act, 1940, contending that it lacked specific allegations and failed to meet statutory requirements – Petitioner argued that the trial court took cognizance without proper application of mind – Complaint and subsequent proceedings deemed vague, ambiguous, and mecha...
Anticipatory bail – Appellant’s apprehension of arrest in connection with Crime No. 129/2022 registered at Police Station Dheerpura, District Datia – Alleged offences punishable under Sections 294, 323, 506 of the Indian Penal Code (IPC) and Section 3(1)(n]/k) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act – Prosecution case alleging that the appell...
Criminal Appeal – Conviction under sections 363, 366, 376(2)(i)(n) of IPC, and section 6 of the POCSO Act – Appeal against the order of the Special Court – Contentions of the Parties – Evaluation of Evidence – Determination of Age of the Victim – Reliability of Victim’s Evidence – Defense Plea. [Para 1]
POCSO Act – Section 34(2) – Spec...
Maintenance under Section 125 Cr.P.C. – Revision against Family Court order – Respondent wife and son filed application for maintenance alleging dowry harassment, cruelty, and non-consensual acts – Family Court directed revisionist to pay 25,000/- to wife and 20,000/- per month to son – Revision dismissed, upholding Family Court’s order [Paras 1-9, 26-29].
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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...