Criminal Law – Conviction Appeal – Eyewitness vs. Medical Evidence – Appeal against conviction under Sections 302, 120-B, 149 IPC – Murder as revenge over property dispute – Eyewitness account given precedence over medical contradictions – Minimal discrepancies in eyewitness statements deemed insignificant – Conviction upheld. [Paras 1-26]
Pro...
Negotiable Instruments Act - Premature Complaint - Section 138, Proviso Clause (c) & Section 142(b) - Complaint filed 12 days after notice - Mandatory 15 days not expired - Complaint not maintainable being premature - Appeal dismissed. [Para 12]
Dishonour of Cheque - Rebuttal of Presumption under Section 139 - Acquittal - Testimony of attesting witness and expert report confirmed ...
Criminal Law – Conviction Appeal – FIR Delay – Weapon Non-recovery – Appeal against conviction under Sections 341 and 307 IPC – Occurrence at 3 PM on 25.01.2003 – Injured taken to hospital, FIR registered at 1:50 AM on 26.01.2003 – Delay in FIR explained due to medical emergencies – Non-recovery of weapon does not affect prosecution credibility &ndas...
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) - Sections 15, 42 - Non-compliance of Section 42 - Secret information not reduced into writing - Breach of mandatory provision - Acquittal of appellant - Ruqa sent for recording FIR not sufficient compliance with Section 42 - Non-compliance of statutory provisions - Prejudice irrelevant - Absolute duty with strict compliance ruling ...
Criminal Procedure - Summoning Additional Accused - Section 319 Cr.P.C. - Summoning based on witness deposition - Petitioners implicated by eyewitness in murder case - Inquiry report not based on independent witness statements - Held, Section 319 empowers court to summon additional accused if evidence suggests their involvement - Specific role attributed to petitioners in witness deposition - Inqu...
Criminal Procedure - Anticipatory Bail - Second Application - Change in Circumstance- Change in Fact-Situation – Petition under Section 438 Cr.P.C. for anticipatory bail – Held: A second anticipatory bail application can be filed only if there is a change in fact-situation or law which requires the earlier view being interfered with, or where the earlier finding has become obsolete. Me...
Service Law – Seniority – Promotees vs. Direct Recruits – Application of Catch-up Rule – Writ petition challenging final seniority list of Audit Officers – Petitioner (promoted under reserved category) placed below directly recruited Audit Officers – Held that direct recruits cannot be granted seniority retrospectively – Catch-up rule applies to senior gen...
Juvenile Justice - Bail to Juvenile in Conflict with Law - Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2000 - Petitioner denied bail under Section 323, 452 IPC and Section 4 POCSO Act - Held, proximity of residence in same village not a valid ground to deny bail - No material showing release would bring juvenile into contact with criminals or expose him to danger - Releas...
Essential Commodities Act - Fertilizer Control Order - Appeal against Conviction - Appellant a dealer, not manufacturer - Prosecution's star witness admitted recovered stock had original machine stitching with no tampering - Manufacturer not arrayed as accused - Held, conviction of dealer in isolation unsustainable - Conviction set aside. [Para 13]
Prosecution Witness Admission - ...
Criminal Law - Identification Parade - Rash and Negligent Driving - Acquittal - Benefit of Doubt-Test Identification Parade - Necessity in Criminal Cases – Criminal appeal challenging acquittal under Sections 337, 338, 427, and 304-A IPC – Held: In cases where the accused is not previously known to the witnesses, a test identification parade is necessary to strengthen the tru...