Criminal Law - Negotiable Instruments Act, Service of Proclamation - Quashing of FIR and Proceedings - Criminal Miscellaneous Petition against Magistrate's order for the registration of FIR under Section 138 of the Negotiable Instruments Act and the issuance of a proclamation under Section 82 Cr.P.C. - Petitioner contended non-residence in the country at the time notice was served - Held, the ...
Criminal Law – Cruelty – Section 498A IPC – Supreme Court upheld the conviction of the appellant, the mother-in-law, for cruelty towards her daughter-in-law – The Court observed that when cruelty is meted out by a woman to another woman, especially when the victim is vulnerable and living alone with her in-laws, it is a more serious offence – Emphasized the duty of th...
Criminal Law – Dowry Death – Section 304-B IPC – Supreme Court held that the demand for money for the construction of a house falls within the definition of "dowry" under Section 2 of the Dowry Prohibition Act – The trial court correctly convicted the respondents for dowry death and cruelty, based on consistent testimonies regarding the harassment of the deceased ...
Access to Justice – Vulnerable Witnesses – The Supreme Court highlighted the need for a safe and barrier-free environment for recording evidence from vulnerable witnesses – The Court directed the implementation of Vulnerable Witnesses Deposition Centres (VWDC) across all High Courts and district court establishments to ensure a conducive environment for such witnesses – Emp...
Repatriation of Prisoners – Sentence Adaptation – The Supreme Court held that the sentence imposed by the Supreme Court of Mauritius (26 years for possession of 152.8 grams of heroin) is binding on India under the Repatriation of Prisoners Act, 2003 and the Agreement between India and Mauritius – The Central Government's rejection of the request to reduce the sentence to 10 y...
Criminal Law – NDPS Act – Cancellation of Bail – The Supreme Court held that confessional statements recorded under Section 67 of the NDPS Act are inadmissible in the trial of an offence under the Act – Bail granted to the accused (A-2) was cancelled due to the conscious possession of commercial quantities of psychotropic substances – High Court orders granting bail t...
Criminal Law – Murder – Cancellation of Bail – High Court released the accused on bail in a case involving the brutal murder of the appellant's husband – Supreme Court found the High Court's orders unsustainable as they did not consider the gravity of the offences and the evidence against the accused – Bail orders set aside and accused directed to surrender &n...
Criminal Law - Maintenance - Territorial Jurisdiction - Criminal Revision against Family Court's order dismissing petition under Section 125 Cr.P.C. for lack of territorial jurisdiction - Section 126 Cr.P.C. allows proceedings under Section 125 to be taken in any district where the husband resides, wife resides, or where they last resided together - Held, temporary residence is sufficient to c...
Criminal Law – Appeal against Acquittal – Interference by Appellate Court – High Court reversed the conviction and sentence awarded by the Fast-Track Court – Supreme Court upheld the High Court's decision, noting substantial contradictions in the prosecution's case and testimonies – Emphasis on cautious approach by appellate courts in interfering with orders o...
Criminal Law – Common Intention – Section 34 IPC – The Supreme Court held that mere common intention per se does not attract Section 34 IPC sans an action in furtherance of that intention – It was emphasized that a person may withdraw from a common intention – High Court and trial court judgments examined for proper application of Section 34 IPC [Paras 18-36].
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