Bail Application - The petitioner has filed a bail application under Section 439 of the Cr.P.C. seeking regular bail in a case involving charges under Sections 302, 120-B of IPC, and Sections 27 of the Arms Act. The case pertains to a land dispute that resulted in a fatal shooting. The petitioner has been in custody for over 3 years and 10 months. The delay in concluding the trial violates the pet...
Criminal Law – Murder and Common Intention – Sections 341, 302, 34 IPC – Appeal against conviction – Prosecution’s case that accused, in furtherance of their common intention, committed the murder of Baiju due to a prior altercation – Trial court convicted A1, A2, and A3 while A4 was acquitted – High Court finds evidence insufficient to prove common intent...
Criminal Procedure – Invocation of Section 323 Cr.P.C – Necessity of a speaking order when invoking Section 323 Cr.P.C to transfer a case to the Sessions Court – Lack of a clear reason stated in the order for transferring the case – Order set aside – Magistrate directed to reconsider whether Section 323 Cr.P.C should be invoked in light of this order. [Para 5-6]
Criminal Law - Dishonour of Cheque - Criminal Revision Petition under Section 397 read with Section 401 Cr.P.C. - Conviction upheld by Special Judge (NDPS), Central District, Tis Hazari Courts, Delhi - Petitioner convicted under Section 138 N.I. Act for dishonour of cheque amounting to Rs.5,26,785/- - Sentenced to simple imprisonment for four months and fine of Rs.8,50,000/- with default clause - ...
Criminal Case - Conviction under Section 304(Part-II) of IPC - Appellant convicted for the offence of culpable homicide not amounting to murder - Sentence of rigorous imprisonment for 10 years and a fine of Rs.1,000 imposed - Acquittal from the offence under Sections 498A and 341 of the IPC - Appellant's legal fees and expenses quantified at Rs.20,000 to be paid by the High Court Legal Service...
Criminal Appeal – Conviction under Section 6 of the POCSO Act – Allegations of penetrative sexual assault on a child – Appellant convicted and sentenced to rigorous imprisonment – Appeal against conviction – Medical examination of victim reveals no injury or signs of sexual assault – Prosecution's case questioned on grounds of falsity and improbability &ndas...
Motor Accident Compensation – Appeal against an award by the Motor Accident Claims Tribunal – Appellant, HDFC ERGO General Insurance Co. Ltd., challenges the award granting compensation to the claimants – Dispute related to the calculation of compensation. [Para 1-8]
Calculation of Compensation – Appellant argues that excessive compensation was awarded – Disagreeme...
Criminal Law - Writ of Mandamus and Transfer of Investigation - Writ petition filed under Article 226 of the Constitution of India seeking to transfer investigation of Crime No. 212/2024 from Mannanthala Police Station to a higher-ranking officer, preferably of IPS cadre - Petitioner, a healthcare professional, alleges biased investigation due to political influence - Court finds o...
Quashing of FIR – Offences under Sections 406, 420, 120-B, and 114 of IPC – Common judgment for multiple petitions – Pertains to M/s. Finquest Financial Solutions Private Limited and M/s. Manpasand Beverages Limited – Allegations of financial mismanagement, fraud, and loan disbursement – Detailed narration of the events leading to the filing of FIR – Quashing so...
Criminal Conspiracy - Quashing of charges against the applicant - Allegation of giving a false opinion in a criminal conspiracy - Charges under Sections 120B (Criminal Conspiracy), 420 (Cheating), 406 (Criminal Breach of Trust) of the Indian Penal Code (IPC) - Cognizance and summoning order challenged - Lack of Specific Conspiracy Details - Bald and Omnibus Nature of Allegation - No Mention of a C...