Criminal Law – Murder – Appeal Against Acquittal - Dying Declarations – Non-compliance with Section 313 CrPC – Acquittal Upheld – The Supreme Court held that the prosecution’s failure to put the contents of the dying declarations to the accused during examination under Section 313 CrPC prejudiced the accused – As such, the declarations could not be relied ...
Criminal Law - Cheque Dishonour – Presumption under Sections 118(a) and 139 N.I. Act – Presumption Rebutted – The accused successfully rebutted the statutory presumption by proving that the cheque was issued as security for a smaller loan that had already been settled via an MoU – Police complaint regarding cheque misuse filed prior to dishonour – Supreme Court held t...
Criminal Law – Discharge - Sanction for Prosecution – Applicability of Section 197 CrPC – Respondent Entitled to Protection – Supreme Court upheld High Court's view that the respondent, though on deputation to the Municipal Corporation, remained a public servant of the Government of Punjab – Discharge for IPC offences upheld due to absence of prior sanction under ...
Criminal Law - Negotiable Instruments Act – Quashing of Conviction – Section 138 – Settlement Reached - The petitioner challenged the Karnataka High Court’s decision which had set aside the conviction and sentence of the accused under Section 138 of the NI Act – During hearing, parties arrived at a consensual arrangement for partial release of deposited amounts and ph...
Criminal Law - Sentencing – Excessive Incarceration – Original Sentence Restored – Appeal Allowed - The appellant, originally sentenced to seven years’ rigorous imprisonment by the Special Court, had his sentence enhanced to life imprisonment by the High Court – Having already served eleven years and eight months in custody, the Supreme Court set aside the High Court&...
Criminal Law - Suspension of Sentence – Section 389 CrPC – Scope and Judicial Discipline – High Court Order Set Aside - The High Court suspended the sentence of the convict under POCSO on the ground of doubtful age of victim without conclusively reversing the trial court's finding – Held: Suspension of sentence under Section 389 requires judicial restraint and cannot pr...
Criminal Law – Quashing - Medical Negligence – Discharge Delays and Billing Discrepancy – No Offence Made Out - Petitioner, an advocate, alleged wrongful confinement and cheating by Max Hospital during cashless insurance surgery – Dispute arose over excess billing and delay in discharge – Court held that while harassment due to discharge process is real, it does not c...
Criminal Law - Dishonour of Cheque – Legal Presumption under NI Act – Conviction Upheld - Accused admitted issuance of cheque but claimed it was issued in connection with a proposed joint business – Trial Court and Appellate Court held that presumption under Sections 118 and 139 of the NI Act was not rebutted – Accused failed to lead any defence evidence despite ample oppor...
Criminal Law – Kidnapping and Murder - Appeal Against Conviction - Circumstantial Evidence – Chain Complete – Conviction Upheld – Minor boy kidnapped and strangled by appellant for ransom – Dead body recovered buried in yard at appellant’s instance – Cotton rope and blood-stained clothes recovered – Scientific and postmortem evidence confirmed cause ...
NDPS Act – Bail and Article 21 – Prolonged Incarceration Overrides Section 37 – Held: All petitioners except two had been in custody for nearly two years with trial not yet commenced—Court held that prolonged detention violated their fundamental right to personal liberty under Article 21—Bail granted subject to conditions – However, bail denied to petitioners Ji...