Criminal Law - Dacoity - Unexplained Delay in Sending Recovered Weapons for Testing - Appeals against convictions for preparation and assembly for dacoity - Unexplained delay in sending recovered weapons for testing and absence of test firing - Raises doubts about prosecution's case - Held, weapons not sealed at recovery site and parcels prepared later, casting suspicion on prosecution - Appea...
Criminal Procedure – Quashing of FIR – Non-Cognizable Offense – Public Gambling Act – Investigation without Magistrate’s Permission – Petition for quashing of FIR under Section 13-A of the Public Gambling Act – FIR related to recovery of Rs. 1,23,50,000/- alleged to be gambling money – Held that investigation of non-cognizable offense without Magistr...
Constitutional Law – Transfer of Criminal Trial – Petitioners, being the daughter and wife of the deceased, sought transfer of trial and further investigation from Andhra Pradesh to Hyderabad or New Delhi – Supreme Court held that the petitioners’ apprehensions of a biased trial and investigation due to the influence of state authorities and threats to key witnesses were re...
Criminal Law – Defamation – Second Complaint – Appellant filed a second complaint identical to the first, alleging defamation by the respondents through media reports. The first complaint was dismissed by the Judicial Magistrate, and the dismissal was upheld by the High Court. The Supreme Court reiterated that a second complaint on the same facts is not maintainable unless there ...
Evidence Law - Secondary Evidence - Quashing of Order - Petition to quash order dismissing application for leading secondary evidence - Original documents produced in preliminary stage untraceable due to office shifting - Held, petitioner genuinely unable to produce original documents - Permitted to adduce secondary evidence as per exceptions under Sections 65 and 66 of the Indian Evidence Act - P...
Criminal Procedure - Quashing of FIR - Offence under Section 188 IPC - Petition to quash FIR on grounds that police registered it without written complaint from public servant - Held, Section 195 CrPC requires written complaint from public servant to take cognizance of offences under Section 188 IPC - FIR registered by police without such complaint is void ab initio - FIR and subsequent proceeding...
Criminal Law – Abetment of Suicide – Disciplinary Action – The appellants, comprising college authorities, were charged under Section 306 IPC following the suicide of a student after disciplinary actions were taken against him for alleged misconduct – Supreme Court examined whether the actions of the appellants constituted abetment of suicide – It was held that there ...
Criminal Law - Conversion of Conviction - Appeal against conviction under Section 304 Part-I IPC - Incident arising from a tiff without prior motive - Held, occurrence was sudden, appellant was not armed, and weapon used was a professional instrument - No intention to cause murder - Conviction converted to Section 304 Part-II IPC and sentence reduced to period already undergone - Appeal partly all...
Urban Rent Law - Leave to Defend - Revision petition challenging dismissal of application for leave to defend by tenant - Petitioner did not raise grounds of building classification before Rent Controller - Held, parties cannot go beyond pleadings, especially in applications for leave to defend - Affidavit of tenant is the only relevant document at the stage of granting leave - Petition dismissed....
Criminal Law - Abetment of Suicide - Quashing of FIR - Petition to quash FIR under Sections 306, 34 IPC based on compromise - Deceased committed suicide allegedly due to threats from petitioners - Held, no mens rea or direct instigation by petitioners as per facts - Four-day gap between threat and suicide indicates no direct causation - FIR and proceedings quashed. [Paras 18, 23, 30]
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