Criminal Law – Conviction under Sections 363 and 376 IPC – Appeal by accused against conviction and sentence – Trial court convicted accused based on medical and testimonial evidence suggesting victim was a minor and rape was committed – High Court re-evaluates evidence including medical reports and witness testimonies – Finds discrepancies in age determination and la...
Matrimonial Law - Domestic Violence – Maintainability of Second Petition – No Bar Found - Petitioners argued that withdrawal of the first petition barred the respondent from filing a second petition under Section 12 of the DV Act – Court held that the principles of res judicata are inapplicable to domestic violence proceedings, especially when the respondent explained the circums...
Criminal Procedure – Expenses of Witnesses – Application under Sections 243(3) and 312 of Cr.P.C. – Petitioner sought reduction of travel expenses of PW.13, a Scientist, claiming they should be governed by the Karnataka Witness Expense Rules, 1967 – Held: The Rules are applicable only for payment by the Government and not for expenses imposed on accused persons – Sect...
Preventive Detention – Delay in Detention Order – Petitioner contends delay between last prejudicial activity and detention order – Court holds no culpable delay, endorses detaining authority’s prompt action upon genuine apprehension of detenu’s release on bail – Detention order upheld [Paras 1-2].
Period of Detention – Authority to ...
NDPS Act – Commercial Quantity and Statutory Compliance – Bail Granted – Petitioner was apprehended with 38 vials of intoxicant ONREX syrup and 250 Carisoprodol tablets, both falling under the category of commercial quantity – Court observed the absence of criminal antecedents and prolonged custody as factors warranting bail, while emphasizing the conditions under Section 3...
Negotiable Instruments Act – Dishonour of Cheque – Appellant/complainant alleged issuance of cheque for payment of goods supplied – Cheque dishonoured due to insufficient funds – Trial court convicted accused – Sessions court acquitted accused, citing lack of reliable evidence and procedural lapses – High Court upheld acquittal [Paras 1-16].
Section...
Criminal Law – Rape and Murder – Conviction and Acquittal – Appellant convicted of raping and murdering a ten-year-old girl and concealing her body under haystack at a tubewell cabin – Trial Court imposed the death penalty, which was commuted to life imprisonment by the High Court – Supreme Court finds deficiencies in evidence and procedural lapses, includin...
NDPS Act – Section 67 Statements – Admissibility – The applicant’s role was primarily established through statements recorded under Section 67 of the NDPS Act – Following Toofan Singh v. State of Tamil Nadu, such statements are inadmissible as confessions under the Evidence Act – Held: Section 67 statements cannot sustain a prima facie case for continued detenti...
Defamation – Issuance of Summons – Petition challenging the order of the Judicial Magistrate First Class-III, Mandi, H.P., issuing summons to the petitioners in a defamation case filed by the complainant – The complaint alleged defamatory publications in newspapers with mala fide intention to defame the complainant – Trial court issued summons without properly considering t...
Criminal Law - Quashment of FIR - Prevention of Corruption Act – Grant of Building Permissions – The petitioners, including municipal officers and a company director, were accused of granting and benefiting from building permissions in contravention of municipal laws – The charge sheet alleged that permission for a commercial-cum-residential building was granted improperly, bypas...