Negotiable Instruments – Jurisdiction – Territorial jurisdiction under Section 142(2)(a) NI Act – Complaint under Section 138 is triable only in court where payee maintains the account – Explanation to Section 142(2)(a) creates legal fiction deeming cheque delivered at any branch as delivered at home branch – Held: Jurisdiction cannot be fixed at the place of cheque d...
Criminal Law – Anticipatory Bail – Forgery and Fraud – The High Court considered an anticipatory bail application by an accused (accused No. 3) in a case involving alleged forgery of documents, fraudulent land transactions, and tampering with revenue records (7/12 extracts) related to ancestral land. The transactions in question dated back to 2003-2011, while the FIR was lodged i...
CRIMINAL LAW – SECTION 482 CrPC – QUASHING – ABUSE OF PROCESS – SECOND COMPLAINT ON SAME FACTS – Held: Filing a private complaint under Section 200 CrPC by the same informant against the same accused regarding the same occurrence, after a negative final report had already been submitted and accepted by the court, amounts to a gross abuse of the process of law. The com...
Criminal Law – Dowry Death – Presumption under Section 113A and 304B IPC – Suicide within 7 Years of Marriage – No Proof of Cruelty or Dowry Demand – Presumption Not Attracted – Deceased committed suicide by consuming Celphos poison within 7 years of marriage – No specific, consistent, or credible evidence of cruelty or dowry demand – Presumption und...
PCPNDT Act – Cognizance only on complaint by “Appropriate Authority” – FIR under Section 154 CrPC impermissible – Complaint filed by unauthorised officer invalid – FIR and complaint quashed [Paras 9–19, 27–31].
PCPNDT Act – FIR Under Section 154 CrPC – Not Permissible – Court held that offences under PCPNDT Act are cogn...
Criminal Law – Prohibitory Order – Section 163 BNSS (erstwhile Section 144 Cr.P.C.) – Legality of ex-parte order restricting a Pontiff's entry into a district – Held: Order quashed for being disproportionate, lacking emergent justification for its ex-parte nature, and violating fundamental rights, especially when based on a prior order clarified by the Apex Court not to...
Criminal Law – Dowry Death – Cancellation of Bail – Respondent No. 1 (husband) accused of poisoning wife within four months of marriage after dowry harassment – Post-mortem showed ante-mortem abrasion and FSL confirmed aluminium phosphide poisoning – Dying declaration made to family members disclosed forcible administration of toxic substance – Held: High Court ...
Prevention of Corruption Act – Demand and Acceptance – Trap Case – Acquittal Upheld – Accused government servant alleged to have demanded ₹2000 as bribe for effecting mutation entry – Complainant approached ACB, trap laid, and accused caught with tainted money – Trial court acquitted the accused on ground that demand was not proved – Held: Mere inquiry &...
Criminal Law – Rash and Negligent Driving – Sections 279 & 304A IPC – Accused convicted for causing death of a pillion rider by driving autorickshaw rashly and negligently – Courts below relied on consistent testimonies of eyewitnesses (PWs 1, 3, 4), spot sketch (Ex.P11), inquest and post-mortem reports – Held: Conviction based on credible evidence – Defence...
Criminal Law – Bail – Cancellation and Modification – Judicial Discipline – Finality of Orders – Appellant (accused in a murder case) sought modification of condition restricting him to city limits of Kolkata – Co-applicant sought cancellation of his bail alleging intimidation of witnesses and political interference – Court held that no breach of bail term...