Criminal Law – Circumstantial Evidence – Acquittal – Appeal by the State against the acquittal of the respondent for murder charges under IPC. The prosecution’s case was based on weak circumstantial evidence, unsubstantiated recovery claims, and inconsistencies in witness testimonies. Held, the circumstantial evidence presented failed to establish the guilt of the accused b...
Counter-claim - Rejection of - Appellant filed counter-claim in response to plaintiff's suit for recovery of dues - Lower court rejected the counter-claim under Order VII Rule 11 CPC - High Court upheld the lower court's order - Appeal filed against rejection of counter-claim. [Para 3-4]
Notice requirement - Loss or damage to consignment - Carriers Act, 1865 - Carriage by Road Act, 2007...
Criminal Procedure Code, 1973 - Section 319 - Summoning of Additional Accused - Prima facie evidence - Invocation of jurisdiction - Test to be applied - Parameters laid down by Supreme Court - Whether evidence, if un-rebutted, would lead to conviction - Held, the application of Section 319 Cr.P.C. requires evidence that, if un-rebutted, would lead to conviction - A mere prima facie case, as exerci...
Indian Penal Code, 1860 - Section 363 - Kidnapping - POCSO Act, 2012 - Section 6 - Aggravated penetrative sexual assault - Prosecution failed to prove that the age of the victim was less than 18 years when the alleged offence was committed - Margin of error has to be reckoned with in case of ascertainment of age by radiological examination - Benefit of doubt should always go to the accused - Relat...
Criminal Procedure Code, 1973 – Sections 468 and 469 – Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 – Sections 6, 7A and 12 – Quashing of FIR, report under Section 173 Cr.P.C. and subsequent proceedings – Limitation for taking cognizance of offence – Maximum sentence prescribed under Section 12 – Knowle...
Criminal Law – Appeal against Conviction – Delay in Filing – Petition under Section 482 Cr.P.C. challenging the dismissal of an appeal against conviction under Section 138 of the Negotiable Instruments Act, 1881, on the grounds of delay. The appeal was dismissed without considering the exclusion of the time taken to prepare the certified copy of the judgment. Held, the period con...
Regular Bail - Section 22(C) Narcotic Drugs and Psychotropic Substances Act, 1985 – Constitution of India, Article 21 -- NDPS case – Regular bail – Commercial quantity – Recovery of 4800 tablets of RLAM-0.5 from petitioner - Co-accused already granted bail - Petitioner a first time offender - Violation of mandatory provisions of NDPS Act alleged - Held, provisions of Sectio...
Anticipatory Bail - Sections 384, 506, 511, 120-B, 192, 211, 218, 219, 180 IPC - Section 438 Cr.P.C - Prima facie case - petitioner was alleged to be involved in extortion and blackmailing along with his co-accused - Allegations of blackmail and extortion against petitioner - Conduct of petitioner in active connivance with co-accused - Petitioner refused to hand over mobile phone during inve...
Framing of charges under Sections 304 and 427 IPC - Extreme negligence and rashness - Petitioner challenges order, arguing that the case should be treated as rash and negligent driving under Section 304A IPC as there is no allegation of him being under the influence of liquor - Court holds that material on record indicates allegations against the petitioner show extreme negligence and rashness whi...
Criminal Law – Quashing of Charges – Criminal Conspiracy and Breach of Trust – Petition under Section 482 Cr.P.C. challenging charges framed under Sections 406 and 120B IPC by the Trial Court. The petitioner contended that she cannot be held liable for offences allegedly committed by her late husband. Held, quashing of charges is an exception to the rule and should not be done at...