Custodial Violence – Compensation – Adverse Inference from Absence of CCTV Footage – Petitioner allegedly assaulted by police constables Nagendra and Utkarsh of P.S. Lasudiya, Indore, in the early hours of 29.12.2025, both at the spot and inside the police station for about one and a half hours – Photographs of injuries filed on record – Petitioner taken to an inner r...
Preventive Detention – NDPS – Delay in Passing Detention Order – Live and Proximate Link – Writ petition challenging detention order dated 14.10.2025 passed under Section 3(1) of PIT-NDPS Act, confirmed for one year from 23.10.2025 — Petitioner convicted in 2020 under NDPS Act; later granted bail on appeal; again involved in NDPS offence in 2024 and released on bail s...
Negotiable Instruments Act – Section 138 – Dismissal in Default – Singular Default – Complaint dismissed in default by ACJM, Shimla on 08.04.2025 for non-appearance of complainant and her counsel — Appellant-complainant submitted unavoidable circumstances prevented appearance and counsel was expected to seek adjournment — Matter repeatedly called throughout the ...
Criminal Law – Quashing of Final Report – Section 482 CrPC – Sections 324, 353 IPC and Section 3(2)(e) of the Prevention of Damage to Public Property Act, 1984 – Accused bus driver alleged to have overtaken and collided with the official vehicle of a judicial officer – Held: None of the charges are even prima facie sustainable as the essential ingredients of Sections ...
Criminal Law – Murder and Attempt to Murder – Sections 302, 307, 149, 120B IPC and Section 27 Arms Act – Conviction Upheld – Appellants (father and son) convicted for the murder of Ram Sharan Yadav and firing upon others on 4th December 2008, allegedly to silence a witness in a prior murder case – Trial Court convicted four persons on the basis of cumulative testimony...
Criminal Law — Murder — Common Intention — Section 34 IPC — Conviction Upheld — Appellants Raj Narain, Kamlesh and Rajendra Prasad came to the field armed with gun, lathi and spade on 09.06.1984 and forcibly diverted the deceased's water course — On being confronted, appellants 2 and 3 exhorted to kill, whereupon appellant 1 fired at the deceased causing his...
Family Law — DNA Examination — Adultery — Presumption of Legitimacy — Section 112 Evidence Act — Direction Refused — Appellant-husband filed application in divorce proceedings under Section 13 HMA seeking DNA examination of minor child born during subsisting marriage, with the stated purpose of substantiating his allegation of adultery against respondent-wife &m...
Succession Law – Probate – Revocation – Section 263 of the Indian Succession Act, 1925 – Suppression of Material Facts – Necessary Parties – Respondent No. 1 obtained probate of an unregistered Will dated 09.01.1976 executed by her father Eswaramurthy Gounder, by filing a probate petition under Section 276 of the ISA on 21.04.2009, nearly 33 years after the Will...
Criminal Complaint – Quashing under Section 482 Cr.P.C. – Petitioners challenged the summoning order by the Trial Court, claiming lack of essential ingredients of the alleged offences – Cited Supreme Court precedents on the necessity of reasoned orders for summoning – Court observed complaint lacked specific allegations and appeared motivated by personal vendetta – Co...
Criminal Contempt – Section 2(c) – Scandalising the Court – YouTube Videos – Banners Targeting Judicial Officers – Respondent No. 2 operated a YouTube channel "Fight 4 Judicial Reforms" and uploaded videos with banners naming specific judicial officers, imputing that litigants before them should abandon hope of justice, and using abusive and derogatory langu...