Narcotics – Evidence of Official Witnesses – Appellants convicted under Section 20 of the ND&PS Act for possession of Charas – Contention that non-association of independent witnesses and non-production of photographs vitiate prosecution case – High Court upheld conviction, holding that testimony of police officials alone can be sufficient – Non-association of ind...
Criminal Law – Tampering of Recruitment Documents – Petitioner allegedly tampered with recruitment examination records to secure the post of Sub Inspector of Police – Utilized forged documents to move Central Administrative Tribunal for appointment – Complaint registered for offences under Sections 467, 468, and 471 of IPC – Final report filed and taken on record by C...
Prevention of Corruption – Acquittal Appeal – State challenged acquittal of accused for offences under the Prevention of Corruption Act – High Court upheld acquittal, noting discrepancies in prosecution's case and lack of credible evidence against respondent No.2 – Highlighted importance of consistency and corroboration in evidence for conviction [Paras 1-13].
Eviden...
Criminal Law – Murder Conviction – Appellant convicted and sentenced for the pre-meditated murder of his wife – Trial court’s judgment affirmed by High Court – Court dismisses the appeal, emphasizing the consistent chain of circumstantial evidence proving guilt beyond reasonable doubt – Issues of procedural deficiencies in the trial court regarding witness ident...
Kerala Police Act – Section 119(1)(a) – Quashing of Proceedings –
Petition to quash proceedings under Section 119(1)(a) of the Kerala Police Act for alleged sexual gestures in public degrading the dignity of women – Accused’s actions not specified in FIR or Final Report – No evidence of discernible sexual gestures – Court found the prosecution case to b...
Criminal Law – Bail – Dowry Death – Petitioner sought bail in case registered for dowry harassment and death – FIR based on statements from deceased’s family alleging dowry demands and harassment – Charge-sheet filed, petitioner in custody for over a year – No evidence of petitioner’s ability to tamper with evidence or threaten witnesses – Bail...
Foreign Exchange Regulation – Contravention Allegations – ITC Limited challenged proceedings initiated under FERA for alleged unauthorized foreign exchange transactions – Key allegations include remittance of funds generated through counter trade and failure to repatriate amounts to India – Searches at ITC premises and recording of statements of executives supported allegat...
Negotiable Instruments Act - Maintainability of Complaint - Proprietorship Firm
Criminal Petition under Section 482 Cr.P.C. seeking quashing of proceedings under Section 138 of the N.I. Act - Payee of the cheque was "Sri Vasavi Traders" - Complaint filed by S.M. Ravindrashetty, the sole proprietor of the payee firm - Contention that the complaint must be filed in the name of the payee...
Evidentiary Value of School Admission Register –
Accused argued that Ex.P8, the extract of the school admission register, lacked evidentiary value as the author was not examined – Prosecution contended Ex.P8 is a public document under Section 74 of the Evidence Act, and secondary evidence of a public document can be produced under Section 65€ – Court held that Ex.P8, issu...
Negotiable Instruments Act, 1881 – Cheque Dishonor – Respondent accused of dishonoring a cheque issued to discharge a hand loan of Rs. 4,50,000/- – Trial court acquitted the respondent, finding the complainant entitled to Rs. 50,000/- with interest, observing doubts regarding the loan transaction – High Court held trial court erred in assessing evidence and misinterpreted t...