Contempt of court - Guilt of contemnor - Lack of remorse and disrespect for court's orders - Contemnor found guilty of contempt - Detailed findings recorded in judgment and order - Last opportunity given to contemnor to make amends - Contemnor failed to show signs of remorse - Scant respect for court's orders - Contempt Petition (C) Nos. 340342 of 2022. [Para 1]
Failure to comply w...
Investigation of Scheduled Offences - De Novo Investigation - Discretion of Court - Whether the High Court has the power to order de novo investigation in a case involving scheduled offences - Held, the High Court has the power to order de novo investigation in appropriate cases, considering the circumstances and facts of the case. [Para 12]
Money Laundering - Jurisdictional Facts - Initiation ...
Criminal Law – Quashing of FIR – Heinous Offences – Petition to quash FIR for rape under Section 376(2)(n) IPC on the basis of compromise between the parties – Prosecutrix claimed allegations were made in a fit of anger – Court held that FIRs involving serious offences like rape cannot be quashed even if a compromise is reached – Petition dismissed. [Para 12-13]...
Right to privacy of accused - Collection of voice sample - Grievance raised by petitioner that collection of voice sample without appropriate rules and standard operating system violates accused's right to privacy - Reference made to case of Ritesh Sinha vs. State of Uttar Pradesh, (2019) 8 SCC 1 - Court held that until explicit provisions are enacted in CrPC by Parliament, Judicial Magistrate...
Section 302 of the IPC - Property dispute - Conviction for murder - Eyewitness testimony - Credibility of witnesses - appellant challenged his conviction for murder along with two co-accused - the murder of a person named Durga in the context of a property dispute - trial court convicted the accused under Section 302 of the Indian Penal Code (IPC), and the conviction was upheld by the High Court -...
Probation - Criminal Appeal - Conviction under Section 80 of the Karnataka Police Act, 1963 - Benefit of probation - Appellant convicted for gambling - Appeal filed seeking probation - Appellant not a habitual offender - No subsequent offenses committed - Appellant's age at the time of the incident considered - Granting of probation warranted - Appeal allowed - Appellant directed to be release...
Criminal Procedure Code, 1973 – Revisional Power – Opportunity of hearing to proposed accused – Violation of sub-section (2) of Section 401 of the Code – Appellants contend that while exercising revisional power, the High Court should have given opportunity of hearing to the proposed accused as they would be prejudiced by the order – Appellants rely on the interpretat...
Negotiable Instruments Act, 1881 - Section 138 - Offence of Dishonour of Cheque - Compounding of Offences - Consent of Complainant - Dishonour of Cheque - Petitioners filed an application for compounding of the offence under Section 138 of the Negotiable Instruments Act, 1881 - Lower courts dismissed the application for compounding - Petitioners contended that they were willing to pay the entire c...
§ Sexual harassment inquiry - Procedure to be followed - Importance of fair and impartial inquiry process - Inadequate understanding by the Executive Council (EC) of the role of the first committee as an inquiry authority - Procedural lapses in the subsequent inquiry proceedings - Violation of principles of natural justice - Decision to terminate services quashed. (Para 1, 70-72)
§ Co...
Prevention of Money Laundering Act, 2002 - Bail - Grant of bail in connection with scheduled offences under the PML Act - Appellant, Directorate of Enforcement, challenged the High Court's decision to grant bail to the respondent accused - Appellant contended that the High Court failed to consider the rigour of Section 45 of the PML Act and the seriousness of the scheduled offences - It was ar...