Criminal Law – Bail – Cheating and Forgery - Delay in Lodging FIR – Allegation of Counterblast – Bail Granted - FIR lodged after six years of alleged incident involving demand and acceptance of ₹15,00,000 for teaching job, and later denial of employment – Applicant contended FIR was retaliatory, following applicant’s FIR against informant’s relatives for...
Criminal Law – Bail – NDPS Act and UAPA – Bail Denied – Appellant accused of coordinating smuggling of Afghan-origin heroin via fictitious firm – Despite absence of contraband recovery from the appellant’s consignment, evidence of meetings, proxy control of firm, and documentary manipulation established prima facie complicity – Court held that the cumulati...
Bail - Dowry Death – Section 304B IPC – Prima Facie Ingredients Not Met – Bail Granted – Allegation that the applicant demanded car EMI payments from the deceased’s family not corroborated by contemporaneous evidence – EMI payments found to have been made by the applicant himself – No credible evidence of cruelty “soon before death” in connecti...
Criminal Law - Rape Conviction – Delay in FIR – Medical and Forensic Contradictions – Conviction Set Aside – The FIR was lodged three days post-incident without satisfactory explanation – Medical evidence and absence of FSL report contradicted the rape allegations – The prosecutrix’s testimony lacked corroborative scientific or physical evidence, undermini...
Negotiable Instruments Act – Appeal Against Acquittal – Cheque Dishonour for Stopped Payment – Appeal Dismissed – The complainant alleged that the accused borrowed ₹10 lakhs and issued a cheque that was dishonoured due to “Payment Stopped by Drawer” – Trial Court acquitted the accused due to contradictions in complainant's evidence, lack of proof of ...
Bail – Regular Bail – Sections 148, 149, 307, 120-B, 201, 341 of the Indian Penal Code, 1860 - Disclosure Statement Based Nomination – Bail Granted – The petitioner was not named in the FIR and was nominated based solely on the disclosure of a co-accused – No specific role or injury attributed to him – Petitioner in custody for over 9 months, with trial unlikely...
Motor Accident Claim – Compensation for Permanent Disability – Enhancement Allowed – The claimant, aged 48 years and engaged in dairy farming, suffered 60% permanent disability in a road accident and remained hospitalized for nearly a month – The Tribunal awarded a lump sum of Rs. 2,60,000 without assessing future loss of income, pain, or other non-pecuniary damages –...
Criminal Law – Right to Fair Trial – Closure of Cross-Examination Opportunity – Reopening Allowed – The petitioner challenged the trial court’s order dated 19.02.2025 that denied adjournment and closed his right to cross-examine the Investigating Officer (IO), citing absence of senior counsel – The High Court held that fair trial includes the right to adequately...
Criminal Law - Temple Theft – Confession in Police Custody – Not Admissible – Acquittal Ordered – The prosecution relied primarily on alleged confessions of the accused made while in police custody and recoveries based on such statements – Held: Confessions made to police officers without a magistrate’s presence are inadmissible under Sections 25 and 26 of the E...
Criminal Law - Administrative Action vs Criminal Proceedings – Clear Distinction – Court held that administrative actions (declaring fraud) and criminal proceedings (FIRs) are distinct – Setting aside administrative orders for violation of principles of natural justice does not automatically invalidate criminal proceedings based on the same facts [Paras 6-10].
Scope of Natural...