Criminal Law – Evidence in Absence of Accused – Criminal Revision against Appellate Court Order – Appeal by State against acquittal of petitioner under Section 406 IPC, followed by the remand of the case by the appellate court. The petitioner was acquitted alongside co-accused on the same set of evidence. Held, evidence led by prosecution during the absence of the accused can be ...
Criminal Law - Anticipatory Bail - Rejection - Petition for pre-arrest bail under Section 438 Cr.P.C. - Allegations in FIR grave - Petitioner evading arrest for over two and a half years indicating possibility of fleeing - P.O. proceedings initiated against petitioner - Petitioner's reliance on parity with co-accused granted bail under Section 439 Cr.P.C. on ground of custody rejected - Petiti...
Criminal Law – MCOCA – Organized Crime – Confession – Appellants challenged validity of confessions recorded by an Additional Superintendent of Police (Addl. SP) under MCOCA – Supreme Court held that Addl. SPs are not of the same rank as SPs – Confessions recorded by Addl. SPs not admissible under Section 18 MCOCA – High Court's dismissal of writ petit...
Penal Code – Murder by Poisoning – Appellant convicted for murdering wife of informant by mixing poison in milk – Chemical Examiner reports and investigation revealed procedural lapses – Evidence indicated potential tampering with samples and lack of direct proof linking appellant to possession and administration of poison – Supreme Court found prosecution failed to e...
Criminal Law – Discharge – Appeal against dismissal of discharge application – Allegations of corruption and fraud against an Executive Engineer (EE) in Jharkhand State Electricity Board (JSEB) – No prima facie evidence of entrustment of funds, fraudulent or dishonest intent, or illegal gratification – Appellant's actions were based on instructions and approvals f...
Criminal Procedure - Condonation of Delay - Medical Grounds - Petition against dismissal of revision petition for 54/55-day delay - Petitioner claimed delay due to illness, but no supporting documents were submitted - Trial court dismissed revision on technical grounds without hearing merits - Held, delay condoned - Revision petition restored for disposal on merits - Petition allowed. [Para 12]
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Penal Code, 1860 (IPC) – Sections 405, 415, 420 – Breach of Contractual Terms – Alleged breach of contract does not constitute criminal breach of trust without clear entrustment – Offence of criminal breach of trust requires (i) entrustment with property, (ii) dishonest misappropriation or conversion – No entrustment shown – Cheating requires (i) deception, (ii)...
Criminal Law - Probation of Offenders – Section 360 CrPC – Sections 4 and 5 of the Probation of Offenders Act, 1958 – Revision against conviction and sentence – Offenses not heinous or grievous – Petitioner a first-time offender, nearly 50 years old with family responsibilities – Sentence modified to probation for good conduct – Revision partly allowed. [P...
Negotiable Instruments Act - Limitation for Recovery of Debt - Acknowledgment of Debt – Petition for quashing of complaint and summoning orders under Section 138 of the NI Act – Cheque issued beyond three years of taking loan – Held, acknowledgment of debt can renew the limitation period under Section 18 of the Limitation Act – Complaint need not include finer details and e...
Negotiable Instruments Act – Sections 138 and 139 – Dishonour of Cheque – The drawer's admission of signing a cheque raises a presumption of liability – This presumption cannot be rebutted merely by proving that the cheque details were filled in by someone other than the drawer – Handwriting expert's report on whether the drawer filled in the cheque details is...