Civil Review – Time-Bound Disposal Direction by High Court – No Grounds for Interference – Review Dismissed - The petitioner sought review of a direction in the appellate judgment requiring the Family Court to dispose of a long-pending matrimonial dispute within six months – Court held that such time-bound direction was justified in light of 15 years of ongoing litigation &...
Anticipatory Bail – Prevention of Corruption Act, 1988 - Demand and Acceptance of Bribe by Public Servant – Bail Denied - The petitioner, a Junior Engineer, was accused of demanding ₹1000/- for signing a routine electric connection transfer – Audio recording of the demand and acceptance was submitted – Court held that prima facie the allegations were serious and warranted...
Section 138 NI Act – Personal Criminal Liability of Director – Insolvency of Company No Bar – Appeals Dismissed – Appellant convicted for cheque dishonour and sentenced to two years imprisonment with ₹2.5 crore compensation – He claimed protection due to company liquidation and moratorium under IBC – Supreme Court held director’s criminal liability under...
Criminal Law - Inherent Powers of High Court – Section 482 CrPC – Improper Invocation – Order Reversed – High Court directed release of Rs. 15.90 lakhs in favour of respondent no. 2 despite ongoing investigation and charge sheet indicating need for further probe – Held: High Court exceeded jurisdiction under Section 482 by making findings on factual disputes and inter...
Criminal Law – Abetment by Public Servant’s Spouse – Section 109 IPC r/w 13(1)(e) of the PC Act – Conviction Upheld – Appellant was a public servant and wife of main accused who acquired disproportionate assets – Assets held in her name – Held: Her role in concealing and holding such assets established her active involvement in abetment – Conviction ...
Suo motu - Sedition and Endangering National Unity – Public Remarks by Elected Official – Section 152 BNS – Prima Facie Offence Made Out – Minister Vijay Shah’s comments equating a Muslim Army officer with terrorists were held as promoting separatist sentiments – Such statements were found to endanger the sovereignty, unity, and integrity of India – FIR un...
Criminal Law – Bail – Murder - Prolonged Incarceration of Undertrial – Bail Granted – The applicant was arrested in October 2018 for allegedly murdering his younger brother – Despite more than 6 years of custody, trial had not progressed beyond listing of witnesses – The Court emphasized the right to speedy trial under Article 21 and observed that delay caused b...
Criminal Law - Rape - Conviction – Sole Testimony of Victim – Medical Corroboration Not Essential – Conviction Upheld - The prosecutrix, though a minor, gave a clear and consistent account of the offence – The delay in medical examination did not negate her statement – Medical opinion on habitual intercourse or absence of injuries was not fatal to the prosecution case...
Bail – Parity – Not Applicable to Main Conspirators – Bail Cancelled – High Court erred in granting bail to main accused Yashpal and Raman on ground of parity with co-accused – Supreme Court held that respondents were the masterminds of a pre-planned murder involving a contract killer – Their role is distinct and graver than other co-accused – Parity not a...
Criminal Law – Quashing - Proclaimed Person – Improper Service and Ex Parte Order – Order Quashed – The petitioner was declared a 'proclaimed person' under Section 82 Cr.P.C. in a complaint under Section 138 NI Act, allegedly without proper service of summons or warrants and at an incomplete address – Petitioner claimed no knowledge of proceedings until police...