Criminal Law – Murder – Conviction based on circumstantial evidence – Appellant convicted under Section 302 IPC for murder of wife – Deceased died due to asphyxia caused by throttling – Injuries on the body indicative of foul play – Appellant failed to explain injuries and cause of death – Prosecution established a chain of circumstances pointing to guilt ...
Criminal Law – Abetment of Suicide – Conviction based on circumstantial evidence – Appellant convicted under Section 306 IPC for the murder of Kamalamma – High Court reversed trial court's acquittal, convicting appellant based on circumstantial evidence including alleged motive, extra-judicial confession, and discovery of the weapon and body – Supreme Court affirm...
Criminal Law – Quashing of Cognizance – Misappropriation of stocks worth Rs. 16,99,648/- – High Court directed further investigation into the role of the appellant, a District Manager, despite his exoneration in departmental proceedings – Supreme Court upheld the High Court's order for further investigation but expunged remarks prejudicial to the appellant – Inves...
Criminal Law – Issuance of Process – Section 204 CrPC – Requirement for reasoned order – Magistrate must provide reasons for concluding prima facie case against accused – Issuance of process is not an empty formality – Order of Magistrate set aside for lack of reasons [Paras 28-30].
Vicarious Liability – Section 34 of Drugs and Cosmetics Act &...
Negotiable Instruments Act – Sections 56 and 138 – Part-payment and Endorsement – Offence under Section 138 requires the cheque to represent a legally enforceable debt at the time of maturity or presentation – Part-payment made before maturity must be endorsed on the cheque as per Section 56 – Unendorsed cheque presented for encashment, if dishonoured, does not attrac...
Prevention of Corruption – Sanction for Prosecution – Section 19 of Prevention of Corruption Act, 1988 – Section 8(1)(f) of Central Vigilance Commission Act, 2003 – Sanction must be granted within three months, extendable by one more month for legal consultation – Non-compliance with this period does not automatically lead to quashing of proceedings – The sancti...
Criminal Law – Section 294(b) IPC – Obscene Acts and Songs – The offense under Section 294(b) IPC requires the utterance of obscene words to the annoyance of others – Mere abusive, humiliating, or defamatory words do not constitute an offense under Section 294(b) IPC – Absence of words involving lascivious elements arousing sexual thoughts or feelings means the offens...
Criminal Law – Delay in Trial – Even after 11 years since filing the FIR, the trial has not begun due to continuous discharge applications by the accused – The Supreme Court emphasized the need for early conclusion of the trial to maintain faith in the justice system – Directed the trial to be conducted on a day-to-day basis [Paras 1-14].
Bail Conditions &ndash...
Bail – Adequacy of Reasons – Appellant challenged the High Court’s order granting bail to the first respondent – Supreme Court noted that the High Court's order lacked specific reasons and was formulaic – Held, courts must provide clear reasons based on the case's facts when granting bail in serious criminal matters, considering factors such as the crime's...
Bail – Seriousness and Gravity of Offense – Appellant challenged the High Court’s order granting bail to respondent No. 2 – Supreme Court noted that the High Court did not consider the seriousness and gravity of the offense alleged against the respondent, who is facing trial for offenses under Sections 302 and 120B IPC – Held, High Court failed to consider relevant ma...