Bail Application - Rejection of bail - Appellant, along with others, accused of offenses under the GCTOC Act and IPC - Allegations of intimidation, threats, and extortion - Prima facie material indicating regular participation in crime - Bail application dismissed by High Court - Appeal filed seeking bail - Court declining bail considering alleged role of appellant, existence of other cases, and s...
Criminal trial - Circumstantial evidence - Duty of prosecution to establish guilt beyond reasonable doubt - Heavy burden on prosecution in case of circumstantial evidence - Chain of circumstances must point to only one conclusion which is that accused is guilty - Each piece of evidence in chain must stand on firm grounds - Prosecution failed to prove case beyond reasonable doubt in present case. [...
Criminal Procedure - Jurisdiction of Magistrate - Power to direct registration of FIR - Limits on the Magistrate's discretion - Magistrate's power to take cognizance and postpone process under Section 202 of the Cr.P.C. - Distinction between powers of Police to register and investigate an FIR under Section 154(1) read with 157 of the Cr.P.C. and the Magistrate's power to direct registr...
Criminal Appeal - Conviction and Sentence - Murder and Attempt to Commit Suicide - Administration of Poison to Children - Premature Release - Application for Premature Release - Rejection by State - High Court upholds Conviction under Section 302 IPC - Acquittal under Section 309 IPC - Appeal before Supreme Court - Analysis of Facts and Relevant Provisions of IPC - Benefit of Exceptions under Sect...
Accused charged with serious offenses under Sections 302, 307, 201, and 120-B of the IPC - High Court granted bail without considering material from investigation - Appeal filed. [Para 1]
Supreme Court holds that High Court's bail order is unsustainable - Material collected during investigation should be considered in cases involving serious offenses under Section 302 of IPC - Accused direc...
Abetment of suicide - Essential elements - Mere allegations of harassment not sufficient to establish guilt - Conviction under Section 306 IPC requires proof of instigation or intentional aid to the commission of suicide - Direct or indirect act/s of incitement needed - Act/s should be proximate to the time of occurrence - Absence of abetment element from the allegations renders offence under Sect...
Dowry death - Ingredients - Conviction based on proof of cruelty or harassment for dowry soon before death - Nexus between alleged harassment and death must be established - Presumption under Section 113B of the Indian Evidence Act - Examination of evidence to ascertain whether cruelty or harassment leading to suicide is proved beyond reasonable doubt - Acquittal of husband and tenant - Conviction...
Article 32 - Writ Petition - Mercy Petition - Commutation of death sentence - Delay in deciding the Mercy Petition - Petitioner seeks commutation of death sentence into imprisonment for life - Petitioner's involvement in bomb blast resulting in the death of Chief Minister and others - Conviction and death sentence awarded by Trial Court - Conviction confirmed by High Court - Co-accused's a...
Section 140(5) of the Companies Act, 2013 - Maintainability of proceedings under - Auditor's resignation - Whether proceedings under section 140(5) can be maintained after the resignation of auditors - Held, the intention of the legislature while enacting section 140(5) is clear and the Tribunal is vested with powers under this section to pass a final order against the auditor for acting in a ...
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Conviction under Section 15 – Appellant's conviction for possession of 54 Kgs of poppy husk confirmed by the High Court, following the Trial Court’s judgment. Issues regarding possession and procedural compliance raised. [Para 2-3, 5-7]
Criminal Procedure – Representation and Conduct of Defence –...