Evidence – Multiple dying declarations – Legal position summarized – If the court concludes a dying declaration is true and reliable, made without tutoring, duress, or prompting, and when the declarant was physically and mentally fit, it can be the sole basis for conviction – In case of inconsistencies, the declaration by a higher officer (e.g., Magistrate) can be relied up...
Landlord-Tenant Law - Eviction for Bona Fide Requirement - Revision petition by tenant against eviction - Landlord sought eviction for personal use of premises for office, workshop, and training room - Held, bona fide requirement established as landlord had no other suitable premises in the urban area - Terms 'possession' and 'occupation' are distinct; mere possession does not disq...
Gujarat Control of Terrorism and Organised Crime Act 2015 – Sections 3(1)(i), 3(1)(ii), 3(2), and 3(4) – Continuing unlawful activity – Requires a separate FIR post-promulgation – High Court's interpretation that activities prior to the Act's promulgation cannot be solely considered for prosecution upheld – Appeal dismissed [Paras 1-53].
Decision ...
Prevention of Corruption Act 1988 – Section 7 and Section 13(1)(d) read with Section 13(2) – Proof of demand and acceptance – In the absence of direct evidence from the complainant, it is permissible to draw an inferential deduction of culpability/guilt of a public servant based on other evidence adduced by the prosecution – Demand and acceptance must be proved either by di...
Locus Standi - Disciplinary Proceedings - Writ of Quo Warranto - Petition by a third party challenging the order of the Chancellor of the University dropping disciplinary proceedings against a professor - Held, the petitioner, being a stranger to the disciplinary proceedings, has no locus standi to question the order - Writ of quo warranto not maintainable for challenging orders of a statutory aut...
Criminal Law – Framing of Charge – Failure to Frame Proper Charge – In the case of Kalicharan and others, the accused were charged under Sections 148, 302, and 307 read with Section 149 of IPC – The specific charge framed alleged that Harpal Singh died due to bullet injuries from shots fired by accused no.2 – However, evidence showed Harpal Singh died from i...
Criminal Procedure - Alteration and Addition of Charges - Power of Court - Petition challenging the trial court's order allowing the prosecution's application for amending the charge sheet - Held, the trial court has the power to alter or add charges at any time before the judgment is pronounced, but this power should not be used to create a totally new case - Amendment of charge sheet mus...
Criminal Procedure - Regular Bail - Section 153-A IPC - Petition for regular bail under Section 439 Cr.P.C. - Accused allegedly wore a T-shirt with a picture of Jagdish Tytler and words "HAPPY BIRTHDAY TO OUR BELOVED GOD FATHER" - Held, mere wearing of such a T-shirt does not constitute an incriminating material or provocative act under Section 153-A IPC - No prima facie case made out - ...
Criminal Procedure – Stage of Discharge – Applicability of Section 300 CrPC – The Supreme Court held that the stage of discharge under Section 227 CrPC is prior to the framing of charges under Section 228 CrPC – At this stage, the court can consider the application under Section 300 CrPC – Once the discharge application is rejected, the court proceeds to framing of ch...
Criminal Law - Murder - Last Seen Theory - Appeal against conviction - Appellants convicted of murder based on the last seen theory, corroborative evidence from fingerprints, foot track moulds, and DNA matches - Held, last seen theory gains immense vigor when corroborated by credible witness testimony and expert reports - Conviction upheld. [Paras 10-12, 27, 31]
Identification and Cor...