Criminal Law - Forgery of Will – Pendency of probate proceedings no bar to criminal prosecution – Magistrate justified in directing FIR under Section 156(3) CrPC – Quashing at threshold declined – Investigation to proceed.
Criminal Law – Forgery of Will – Parallel Probate Proceedings – Maintainability of FIR – Registered Will dated 29.04.2011 chal...
Negotiable Instruments Act – Dishonour of Cheque – Section 138 – Reversal of Acquittal – Trial Court acquitted accused on ground that complainant failed to prove financial capacity to advance loan of ₹10,00,000 – Lower appellate Court reversed acquittal and convicted accused – Held: Once issuance of cheque and signature are admitted, statutory presumptions und...
Criminal Law – Quashing - Drugs and Cosmetics Act – Rule 45 – Mandatory Time Limit – Quashing of Prosecution – Criminal prosecution launched against manufacturer and its directors alleging manufacture of drug not of standard quality – Samples drawn on 12.07.2022 and sent to Government Analyst on 14.07.2022 – Analyst sought extension only on 01.11.2022, i.e...
Criminal Trial – Alteration of Charge – Right to Fair Trial – Section 217 CrPC – Trial Court initially framed charges under Sections 498A and 304 IPC – After closure of prosecution evidence, charges altered to Sections 498A/34 and 304B/34 IPC – No opportunity granted to accused to recall or further cross-examine prosecution witnesses with reference to amended ch...
Anticipatory Bail – Exceptional Relief – Scope – Petition filed seeking pre-arrest bail in FIR registered under Section 299 BNS read with Section 8 of the Punjab Prohibition of Cow Slaughter Act – Reference made to Supreme Court decision holding that anticipatory bail is an extraordinary remedy not to be granted as a matter of routine – Held: Petitioner failed to demo...
Criminal Law - Drugs and Cosmetics Act – Non-standard Quality Drug – Quashment of Complaint – Jurisdiction of Magistrate – Complaint filed against manufacturer alleging offence under Section 18(a)(i) punishable under Section 27(d) of the Act for manufacture of drug not of standard quality – Petitioner contended that offence falling under Chapter IV could be tried only...
Suspension of Sentence – Deposit of Fine as Condition – Recall of Condition – Appellant convicted under Section 8/15 NDPS Act and sentenced to 10 years imprisonment – Sentence suspended earlier subject to deposit of fine of Rs.1 lakh – Appellant unable to deposit fine due to poverty and continued to remain in jail despite suspension order – Held: Imposition of a...
Section 125 Cr.P.C. – Maintenance denied – Wife gainfully employed and financially secure – Concealment of income and assets – Abuse of process – Family Court order upheld.
Maintenance – Section 125 Cr.P.C. – Wife’s Independent Income – Entitlement – Maintenance under Section 125 Cr.P.C. is payable only when wife is unable to...
Rape and Murder of Five-Year-Old Child – Brutal Sexual Assault using Knife – DNA and Circumstantial Evidence Complete – Conviction under BNS and POCSO Affirmed – Case falling in “Rarest of Rare” – Death Sentence Confirmed.
Criminal Law – Rape and Murder of Minor Child – Brutal Sexual Assault – Conviction Affirmed – Deceased girl ...
Criminal Law - Execution Proceedings – Alleged Impersonation of Surety – Offence Relating to Court Proceedings – In execution of money decree, part decretal amount disbursed on furnishing of solvent surety – Allegation that surety was furnished through impersonation and real person never stood as surety – Application filed under Section 379 BNSS seeking prosecution fo...