Parole – Incapacitated Elderly Convict – Delhi Prison Rules 2018 – Clemency Delay – Premature Release under Rule 1246A – Humanitarian Relief – Home Confinement Directed Pending Decision on Premature Release; State Directed to Frame Rules for Such Situations [Paras 14–16, 21–25, 30–34].
Parole – Nature, Scope & Limits – Tempor...
Criminal Law – Assault on Child – Section 323 IPC – Conviction Upheld – Section 8(2) Goa Children’s Act – Set Aside – Evidence of PW1 (injured child) found wholly reliable – Ocular testimony consistent and unshaken – Medical certificate not proved but ocular evidence given primacy – Incident held isolated and lacking ingredients of &ldquo...
Criminal Law – Quashing - Defamation – Social Media Defamation – Creation of Fake Online Profiles – Prima Facie Case Made Out – Allegation that petitioner created fake social media accounts portraying respondent as a prostitute and posting derogatory content – Such material accessible to public at large constitutes publication and attracts Section 499 IPC &ndash...
Criminal Law – Murder – Circumstantial Evidence – Last Seen – Extra-Judicial Confession – Strangulation – Delay/Withholding of Disclosure by Family Witnesses – Motive Absent – Sudden Provocation – Conviction of Ram Avtar Altered to Section 304 Part-II; Co-accused Visharad Acquitted – Last Seen Alone Insufficient [Paras 29–34, 45&nda...
Grant of Interim Bail – Petitioner seeks interim bail due to daughter's marriage ceremonies – High Court upheld conviction under IPC Sections 148, 149, 302, 324 – Despite main ceremony on 28.04.2024 being concluded, local customs necessitate petitioner's presence for subsequent rituals – Respondent-State has no objections to the grant of interim bail – Court a...
Criminal Law – Quashing - Proclamation under Section 82 CrPC – Illegal Declaration – Petitioner declared proclaimed person in FIR involving Sections 406 and 420 IPC – Court found that procedure under Section 82 was not followed – No evidence of petitioner absconding or concealing himself – No fresh proclamation issued after adjournment – Minimum 30-day not...
Criminal Law - SC/ST Act – Recommendation for FIR – Jurisdiction of Commission – Order dated 05.01.2018 passed by Member of National Commission for Scheduled Castes recommending registration of FIR under SC/ST Act against DDA official (Karamvir Narwal) and restoring vendor’s permission challenged – Held: NCSC is empowered to recommend enquiry but cannot direct FIR reg...
Criminal Law – Quashing of Summoning Order – Cheating – Criminal Breach of Trust – Petitioners, who are close relatives of Complainant, alleged to have misused powers of attorney given in UAE to fraudulently transfer assets and siphon company funds – Petitioners challenged summoning order on grounds of lack of evidence and territorial jurisdiction – Held: Allega...
Family Law – Maintenance to Daughter – Adult unmarried daughter sought past and continuing maintenance and marriage expenses from father – Family Court granted Rs.15,000 per month for 3 years prior to petition and Rs.17,000 thereafter, with Rs.20 lakhs for marriage expenses – High Court held maintenance claim from birth maintainable as petitioner was minor at filing –...
Criminal Writ – Quashing - Organised Crime – KCOCA Invocation – Prior Approval – Improper Invocation – Petitioner, accused No.12, was in police custody at the time of the alleged incident of conspiracy to commit dacoity – Inclusion of KCOCA against accused based solely on co-accused’s voluntary statement without independent corroboration – Held: No m...