Motor Accident Compensation – Insurer’s Liability – Vehicle Identification Disputed – MACT Award Restored - Deceased died in accident involving a speeding Verna car – MACT awarded ₹33.63 lakhs against owner and insurer jointly – High Court exonerated insurer based on delayed witness statement and alleged unreliability – Supreme Court held that evidence i...
Criminal Law - Dowry Death – Acquittal Upheld – Failure to Prove Demand or Cruelty – Appeal Dismissed – The appellant challenged acquittal in a case involving death of his daughter allegedly due to dowry-related cruelty – Trial court found no evidence of dowry demand or proof of homicidal or suicidal death – Prosecution witnesses failed to support allegations du...
Criminal Law – Appeal against conviction - Sections 363, 366A, and 376(2)(f) of IPC - Testimony of Child Victim – Credibility and Sufficiency – Conviction Upheld – Victim aged 4 at the time of incident and 8 during testimony – Despite lapse of four years, her account was clear, consistent and identified the accused without hesitation – Her version corroborated b...
Criminal Law – FEMA Act - Compounding of Offence – Maintainability after Adjudication – Compounding Application Rejected – Petitioner sought compounding of offence under FEMA after conclusion of adjudication and imposition of penalty – Held: Once adjudication concludes, application for compounding is impermissible – The intent of compounding is to avoid adjudica...
Murder vs. Culpable Homicide – Sudden Provocation – Conviction Modified – Altercation Led to Single Blow – Appellant, involved in a road rage incident, delivered a single blow with an iron rod to the deceased during a spontaneous altercation – Supreme Court held there was no premeditation or intention to kill – Conviction modified from Section 302 to Section 304...
Criminal Law – Murder – Appeal against conviction – Circumstantial Evidence – Key Witnesses Disbelieved – Conviction Set Aside – The prosecution’s case based on eye witness, last seen evidence, and extrajudicial confession was disbelieved by the High Court itself – The Supreme Court held that the benefit of such findings must equally apply to similar...
Criminal Revision – Appeal against Conviction - Food Adulteration – Synthetic Colour in Dal Masur – Conviction Justified – Dal Masur found adulterated with synthetic colour 'sunset yellow', a prohibited additive not permitted under Rule 29 of the PFA Rules – Court held that even if colour is permitted for other foods, its use in Dal Masur is strictly prohibite...
Compounding of Offence – Section 138 NI Act – Consent of Complainant Mandatory – Application Dismissed - The petitioner sought compounding of the offence on the basis of partial deposit of compensation – The complainant opposed the request and refused to consent – Held: Compounding under Section 138 read with Section 147 NI Act requires consent of complainant; Courts ...
Criminal Law - Bail – Section 14-A SC/ST Act – Double Murder Allegation – Bail Denied - Appellant sought regular bail after rejection by Special Judge in a case involving lynching of two individuals accused of theft – Court noted deceased had named appellant in medical history prior to dying declaration – Held: Multiple consistent versions and severity of offence just...
NDPS Act – Non-compliance with Sections 42 and 52A – Conviction Set Aside – The appellants were convicted for possession of 600 kg of ganja under Section 8© read with Section 20(b)(ii)(C) of the NDPS Act – The Court found serious procedural lapses, including improper sealing, storage, and delay in producing contraband before the court – Investigating officer fail...