Criminal Law – Joint Recording of Section 313 Statements – Defective Procedure – Vitiation of Trial – Statements under Section 313 Cr.P.C. of co-accused Lakha Singh and Swaran Singh recorded jointly – Held: Such joint recording causes ambiguity and violates the statutory purpose of personal explanation of circumstances – Procedural defect curable by remand, but ...
Rash and Negligent Driving – Conviction under Sections 279 and 304(A) IPC – Upheld - The appellant drove his lorry in a rash and negligent manner, causing the death of the deceased and six cattle – The eye-witness accounts consistently established the appellant’s guilt, and the suggestion that the accident was caused by cattle trampling was rightly rejected – The Supr...
NDPS Act – Bail Application – Recovery from Co-Accused – Petitioner Not Directly Implicated – Bail Granted – The petitioner sought regular bail under Section 439 CrPC, asserting false implication and lack of recovery from him – Court noted that the contraband was recovered from a co-accused, and the petitioner’s involvement was based solely on a disclosure...
Preventive Detention – Validity of Detention Order – Petition challenging the detention order under Section 3 of the PITNDPS Act on grounds of non-provision of translated documents and non-application of mind – Court held that the petitioner was provided with the detention documents in the language understood by him and explained by the Executing Officer – No merit found in...
Negotiable Instruments Act, 1881 – Section 138 – Conviction – Deposit Condition under Section 148 – Authorized Signatory's Liability - Authorized Signatory Liability – Deposit Condition Quashed - appellant, an authorized signatory/director of M/s. Gee Pee Infotech Pvt. Ltd., challenged the requirement to deposit 20% of the fine amount as a condition for susp...
Criminal Procedure – Bail in Serious Offences – Impact on Trial – Ordinarily, courts should not grant bail in serious offences like rape after trial commencement unless undue delay occurs – Supreme Court disapproved of the practice of granting bail based on discrepancies in the victim's statement at preliminary stages of trial [Paras 13–15, 20–21].
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Criminal Law – Conviction under Sections 363 and 376 IPC – Appeal by accused against conviction and sentence – Trial court convicted accused based on medical and testimonial evidence suggesting victim was a minor and rape was committed – High Court re-evaluates evidence including medical reports and witness testimonies – Finds discrepancies in age determination and la...
Matrimonial Law - Domestic Violence – Maintainability of Second Petition – No Bar Found - Petitioners argued that withdrawal of the first petition barred the respondent from filing a second petition under Section 12 of the DV Act – Court held that the principles of res judicata are inapplicable to domestic violence proceedings, especially when the respondent explained the circums...
Prevention of Corruption – Demand and Acceptance of Bribe – Appeal Against Conviction – Appellant, a Junior Clerk in the District Court, convicted under Section 8 of the Prevention of Corruption Act for demanding and accepting Rs. 10,000 as a bribe to influence a judicial decision – Prosecution evidence included direct and circumstantial evidence of demand and acceptance of...
Criminal Procedure – Expenses of Witnesses – Application under Sections 243(3) and 312 of Cr.P.C. – Petitioner sought reduction of travel expenses of PW.13, a Scientist, claiming they should be governed by the Karnataka Witness Expense Rules, 1967 – Held: The Rules are applicable only for payment by the Government and not for expenses imposed on accused persons – Sect...