Criminal Law - Sexual Assault Allegations – Conviction Set Aside – Fabrication Due to Matrimonial Disputes – Allegations Held Unreliable – The appellant was convicted by the Trial Court under Section 354 IPC and Sections 9(1)(n) and 10 of the POCSO Act for alleged sexual assault of his minor daughter – The High Court examined WhatsApp chats (Ex.D1), social media posts...
Criminal Law – Advocate–Client Privilege – Summoning of Advocates – Suo Motu proceedings arising from summons issued to an Advocate under Section 179 BNSS, for appearing as counsel for the accused – Advocate was summoned to disclose facts and circumstances of the case – Held: Such summoning without clear invocation of exceptions under Section 132 of the Bhartiya...
Criminal Procedure – PMLA – Stay of Proceedings – Predicate Offence Under Challenge – Trial May Proceed – Petitioner sought deferment of PMLA trial on ground that proceedings in predicate offence (NDPS FIR No.35/2015) remain stayed by Supreme Court – Petitioner had been initially summoned under Section 319 CrPC, which was set aside by Supreme Court – Later...
Criminal Law – Cruelty – Section 498-A IPC – Conviction Set Aside – Allegations by wife of physical torture, dowry demand, and attempted strangulation by husband – Delay of one month in lodging complaint not explained contemporaneously – Complainant failed to mention serious allegations like throttling and paternity denial in FIR – Introduced new accusatio...
Writ of Habeas Corpus - Preventive Detention – Non-consideration of Representation – Violation of Article 22(5) – Detention confirmed under Section 9(f) of the PIT NDPS Act – Petitioner contended that representation dated 08.02.2025 was not considered independently by State Government – Court found no mention of such consideration in confirmation order (Annexure-B) or...
Matrimonial Law - Maintenance – Sections 125 and 128 CrPC - Recovery of Arrears – Attachment of PPF Account – Magistrate ordered attachment of Rs.19.17 lakhs from account allegedly held by petitioner’s mother – Petitioners contended the account was immune from attachment under Sections 3 and 9 of the Public Provident Fund Act – Court rejected claim and held that...
Senior Citizens’ Rights – Eviction from Self-Acquired Property – Peaceful Living and Dignity – Appeal by daughter-in-law against decree directing her eviction from in-laws' property – Respondents, aged parents-in-law, pleaded mental distress and toxic cohabitation due to acrimonious matrimonial dispute – Held: Senior citizens, as undisputed owners of self-ac...
Criminal Law – Bail – Financial and Document Forgery Allegations – Petitioner accused of fraudulently obtaining large sums of money and property from informant by exploiting spiritual influence – FIR alleges transfer of land through forged gift deed and adoption deed – Charge sheet filed under BNS – Petitioner in custody since May 2025 – High Court noted p...
Criminal Law – Quashing of Criminal Proceedings – Fraudulent Loan Disbursement – Complaint case based on FIR alleging misappropriation of ₹8 lakhs through fraudulent withdrawal by bank officials, including Branch Manager, Loan Manager, Deputy Manager, Head Cashier and Peon – Applicants sought quashing of proceedings under Section 482 CrPC, claiming lack of direct role and...
Criminal Law – Cheating and Criminal Breach of Trust – Distinct Transactions – Simultaneous Invocation of Sections 406 and 420 IPC Not Mutually Destructive – Petitioner challenged FIR and charge sheet alleging both cheating and criminal breach of trust – Contended that offences under Sections 406 and 420 IPC are mutually destructive when based on a single act – ...