Criminal Law – Dishonor of Cheque – Sections 138, 139 NI Act – Section 357(3) Cr.P.C. – Legally enforceable debt – Presumption in favor of holder – Failure to reply to legal notice – Accused's failure to respond to legal notice does not automatically assume acceptance of liability – Held: Presumption under Section 139 is rebuttable – Accuse...
Criminal Law – Unnatural Offence and Aggravated Sexual Assault – Sections 377 IPC and 10 POCSO Act – Conviction based on minor victim’s testimony – Section 377 attracted where penetration occurs on any part of the body, predominant intent must be sexual – Absence of external injury marks on the victim’s body not sufficient to disprove the offence – V...
Criminal Procedure Code, 1973 (CrPC) - Section 468 - Limitation Period - Cognizance of Offence - Relevant Date - The date of filing of the complaint or institution of prosecution is the relevant date for computing the period of limitation under Section 468 CrPC, not the date on which the Magistrate takes cognizance. High Court’s decision set aside for being contrary to the law declared by th...
Criminal Procedure Code, 1973 (CrPC) - Section 173(6) - Witness Protection - Disclosure to Defense - Section 44 of UAPA - Section 17 of NIA Act - Sections aim to safeguard witness identities - Trial court allowed redacted statements to be provided to defense to ensure fair trial - High Court's order denying redacted statements set aside - Sections 173(6), 44, and 17 interpreted to balance witn...
Code of Criminal Procedure, 1973 - Section 482 - Inherent Powers - Transfer of Cases - High Court directed transfer of 864 land grabbing cases from Special Courts to jurisdictional Magistrates on 'special mentioning' after disposal of the original petition - Supreme Court held that the High Court, being functus officio, lacked jurisdiction to pass further orders in the disposed matter - Su...
Criminal Law – Abetment to Suicide – Sections 34, 306 IPC – Petition to Quash FIR – Alleged abetment by threats in February 2019, suicide in May 2019 – Necessity of proximate and live link between threats and suicide – No evidence of contact or threats post-February 2019 – FIR quashed as no direct or indirect act of instigation proven. [Paras 1-27]
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Negotiable Instruments Act – Dishonour of Cheque – Authorized Representation – Company filed complaint under Section 138 of NI Act through its General Manager (Accounting) – Requirement for complaint to be filed by the payee satisfied – Authorization by the company and knowledge of the transaction sufficiently demonstrated through affidavits and supporting documents &...
Constitutional Law – Premature Release of Convict – Articles 14, 226 – IPC Sections 302, 452, 34 – Cr.P.C. Sections 432, 433 – Conviction post-policy change – Determination of applicable policy for premature release – Policy at the time of conviction to be applied – Policy dated 13.08.2008 applicable for conviction in 2009, superseding earl...
Insurance Law – Non-ATM Transaction Requirement – Appellant's claim under "Cardsure Package Policy" rejected due to failure to meet non-ATM transaction condition – Bank did not furnish policy terms to account holder – Insurance terms must be communicated to policy beneficiaries – Claim valid as special conditions were not communicated – Judgment of...
Criminal Law – Anticipatory Bail – Sections 420, 120-B IPC – Section 438 Cr.P.C. – Petitioner, a deed writer, accused in a case involving a fraudulent agreement to sell – Petitioner not a party to the sale – Alleged transaction involved misrepresentation by sellers – Held: Anticipatory bail granted as custodial interrogation not required – Questions ...