Divorce – Cruelty – Appellant-wife filed an appeal against the decree of divorce granted by the Family Court – Husband alleged that the wife refused to stay with his parents and misbehaved with them – Wife claimed cruelty and dowry demands by the in-laws – High Court set aside the decree of divorce – Court held that the husband failed to prove cruelty adequately...
Criminal Law – Appeal against Acquittal – Section 378(4) Cr.P.C. – Injuries – Absence of X-ray Film – Medico-Legal Examination – Application for leave to appeal against acquittal – No x-ray film produced nor radiologist examined – Doctor’s opinion based on report without seeing x-ray film – Held, grievous injury not proved – Second ...
Testimony of the victim recorded during trial found to be unbelievable/improbable - lack of credibility - manifest illegality - conviction cannot be based solely on uncorroborated testimony - appellant accused of extending threat and committing sexual intercourse without consent. (Para 29)
Small piece of testimony regarding threat and sexual intercourse without consent cannot be relie...
CRIMINAL REVISION - Defense struck off by trial court - Opportunity sought for filing written statement - Non-availability of complete records as reason for delay - Request for one more chance and payment of costs - Reliance on previous order granting opportunity in similar circumstances - Respondent's objection to further opportunity due to petitioner's casual approach - Court's empha...
Dowry Death - Reliability of Dying Declaration - Conviction under Section 304 Part-I IPC - Appellant accused of setting ablaze his wife due to a quarrel - Trial court concluded it as a case of dowry death - Appellant challenged the reliance on witnesses' statements and argued the doubtfulness of the dying declaration - Court gives weightage to the dying declaration made by the deceased, which ...
Criminal Procedure Code, 1973 – Section 482 – Quashing of FIR – Allegations of data theft and violation of non-disclosure agreement – Former employees accused of stealing data from the complainant company and working with a rival company – FIR registered under IPC Sections 408, 504, 506 and IT Act Sections 66, 66C – Internal investigation report indicating foul ...
Quashing of FIR - Sections 306, 498A, and 114 of the Indian Penal Code - Section 482 of the Code of Criminal Procedure - Allegations of mental and physical harassment leading to suicide - Prima facie case - Continuous harassment to the deceased due to inability to conceive - Selling of golden ornaments given by the deceased's father - Father of the deceased files FIR against the applicant and ...
Bail application - Rejection of bail - Accused charged under Maharashtra Control of Organized Crime Act (MCOCA) - Accused Leena Paulose and B. Mohanraj involved in an organized crime syndicate - Accused Leena Paulose received money through Hawala transactions, failed to explain the source of credited entries in her bank account, and purchased luxury cars without plausible explanation - Accused Lee...
Consensual sexual relationships involving minors - Application of the POCSO Act - Whether consensual sexual intercourse between a minor girl and an adult male should be considered rape under the POCSO Act solely based on the age of the girl. [Para 15]
Understanding the concept of consent - The essence of consent lies in the voluntary agreement communicated through words, gestures, or ...
Regular Bail - Grant of - Petitioner under Sections 21/27-A of the NDPS Act - Allegations of possession of 6 grams of smack - Previous instances of petitioner absconding from trial proceedings - Bail granted and subsequently breached - Petitioner's application for bail rejected by Trial Court - Petitioner in custody for a significant period - No other pending case under NDPS Act against petiti...