Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Limitation – Cause of Action – Notice Returned ‘Refused’ – Applicability of 15-day Period – Held: Even when statutory notice is returned unclaimed or refused, service is deemed effected under Section 27 of the General Clauses Act – Cause of action arises only after expiry of...
Criminal Law – Murder – Reversal of Acquittal – Identity of Accused Not Proved – Ocular testimony of independent house-owner witness (PW-7) established assault by three unknown persons inside her house but she could not identify the assailants – No test identification parade – Prosecution relied on PW-1 and PW-2 as eyewitnesses but their presence held doubtful; ...
Criminal Law – Murder - Circumstantial Evidence – Acquittal – Appellant convicted for matricide under Section 302 IPC and sentenced to life imprisonment – High Court upheld conviction based on chain of circumstantial evidence including medical evidence, alleged recovery, and motive – Supreme Court finds serious doubts about whether death was homicidal – Medical ...
Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Section 302 read with Section 149 IPC for forming an unlawful assembly and committing murder of two persons – Trial Court convicted 21 accused and sentenced them to life imprisonment – High Court affirmed conviction of 11 and acquitted 7 by extending benefit of doubt – Supreme Court found ...
Criminal Law – PMLA – Quashing at Pre-Trial Stage – Alternate Remedy – ECIR did not name appellants and CBI dropped them in supplementary report – ED complaint rests on alleged withdrawal of attached sums (post-PAO) linked to an identified quantum ₹33,80,87,617/- claimed as proceeds of crime – Held: With statutory appeals under Section 26 PMLA pending and PMLA...
Section 498A IPC – Constitutional Challenge – Misuse Plea – Provision Upheld – Petition sought declaration that Section 498A is unconstitutional or, alternatively, guidelines to curb alleged rampant misuse – Held: Mere possibility or instances of misuse cannot invalidate a statute otherwise intra vires – Courts interpret law, not legislate – Abuse, if any,...
Prevention of Corruption Act – Sanction for Prosecution – Section 19(1) – Summoning of Public Servant without Sanction Impermissible – Cognizance can be taken only against a person for whom sanction has been specifically granted – Sanction qua one accused cannot be extended to another public servant – High Court’s order summoning appellant without sanction...
Juvenile Justice – Relevant Date for Determination of Age – Juvenile Justice Act, 1986 – Date of Offence Held Relevant – Conflict between Umesh Chandra (three-judge bench) and Arnit Das (two-judge bench) resolved – Held: Correct law is that relevant date for reckoning age is date of commission of offence, not date of production before court – Liberal and purposi...
Criminal Law – Murder by Poisoning – Acquittal – Appellant (A-1) convicted under Section 304 Part I IPC after initial conviction under Section 302 IPC – Co-accused (A-2) acquitted – Allegation that both accused conspired to murder deceased by administering sleeping pills (barbiturates) – No conclusive medical evidence of forcible administration – Doctor co...
Criminal Law – Murder of Wife and Children – Circumstantial Evidence – Plea of Alibi – Conviction – Appellant convicted for murdering his wife and two minor children in their house due to extreme financial distress – Plea of alibi rejected as appellant was last seen leaving the scene at 5 a.m. by PW-4 and later admitted to hospital at 6.30 a.m. – Recovery ...