Criminal Procedure Code – Sections 82 and 83 – Quashing of orders – Petitioners sought quashing of order summoning them by way of proclamation under Section 82 Cr.P.C. and declaring them proclaimed persons under Section 83 Cr.P.C. – Petitioners contended that their business had ceased to exist before the pandemic, and they were never served with warrants – Court found...
Bail Application - Economic Offenses - Grant of bail - Conditions - The court held that the accused, who was charged with economic offenses of significant magnitude, was entitled to bail pending trial on stringent conditions to allay apprehensions expressed by the investigating agency. The court emphasized the need to balance the accused's liberty with the necessity of a fair trial and imposed...
Criminal Revision – Recall of Witnesses – Sexual Offences – Interpretation of Section 33(5) of POCSO Act – Balance between fair trial rights of accused and interests of victim – Application for recalling prosecution witnesses in a sexual assault case involving a minor – Examination of prosecutrix and her mother conducted at length – Application for recall ...
Ordering of blood tests in paternity disputes – Principles to be considered – Courts in India cannot order blood tests as a matter of course – Strong prima facie case of non-access required to dispel presumption of legitimacy – Consequences of ordering blood tests must be carefully examined, including potential stigmatization – No one can be compelled to give a blood ...
Criminal Revision Petition - Maintenance - Validity of order granting maintenance - Allegation of marriage and paternity dispute - Admissibility of evidence - Scope of Section 14 of the Family Courts Act - Photographic evidence and messages - Deliberate cheating and fraudulent intention of the respondent - Consideration of Supreme Court judgment on the treatment of a woman as a wife for the purpos...
Criminal Offenses - Conviction and Sentence - Appeal against - Appellant charged and convicted under Sections 376, 452, and 506 of IPC - Appellant filed present appeal to overturn convictions - Prosecution alleged appellant entered prosecutrix's residence and committed offense under Section 376 IPC - Appellant's counsel raised various submissions challenging prosecution's case - Non-re...
Bail application - Suspension of sentence and enlargement on bail - Applicant convicted under sections of the Unlawful Activities (Prevention) Act (UAPA) - Applicant seeks bail pending appeal - Applicant's counsel argues lack of evidence supporting allegations - Prosecution relies on confessions, call detail records (CDRs), and an email as evidence - Absence of Section 65B Certificate for elec...
Personal appearance – Exemption from – Parameters for granting exemption from personal appearance – Accused entitled to exemption when facing hardship or inconvenience due to trial delays – Factors to consider: being a woman, elderly, disabled, facing economic or physical hardship, or required to travel long distances – Each case to be assessed on its own facts and ci...
Criminal Appeal - Acquittal - Interference with - Circumstantial evidence - Principles - When the High Court has used a legally erroneous and perverse approach to the facts, resulting in a grave miscarriage of justice, the Supreme Court may exercise its extraordinary jurisdiction under Article 136 of the Constitution of India to interfere with an order of acquittal. (Para 13)
Circumst...
Domestic Violence Act - Maintenance - Scope - Application for maintenance filed under Section 12 of the Domestic Violence Act by the divorced Muslim woman - Whether maintainable - Held, the subsequent decree of divorce does not absolve the liability of the respondent from the offence committed or deny the benefits to which the aggrieved person is entitled under the Domestic Violence Act - Aggrieve...