Cheque Dishonour – Section 138 of the NI Act - Limitation for Sending Demand Notice – Exclusion of Date of Intimation – Notice Held Within Time – The Trial Court acquitted the accused holding that the statutory notice under Section 138(b) was sent on the 31st day after intimation of dishonour – Held: The date of receipt of bank intimation must be excluded while comput...
Criminal Law – Appeal Against Dismissal of PIL - Police Encounters – Violation of PUCL Guidelines – 171 Incidents Scrutinised – Appellant alleged systematic failure in compliance with guidelines laid down in PUCL v. Maharashtra – FIRs registered against victims instead of police personnel – Magisterial inquiries and forensic analysis allegedly absent or delayed ...
Criminal Law - Quashing of FIR – Promise to Marry – Consent and Misuse of Legal Provisions – FIR Quashed – Appellant challenged the registration of FIR under Sections 376, 377, 504 & 506 IPC and chargesheet arising out of a consensual relationship – Supreme Court found no material to substantiate coercion, inducement or threat – Held: The consensual nature o...
NDPS Case – Grant of Bail – Recovery of Phensedyl Syrup – Bail Granted – Appellants were arrested in connection with a case under Sections 21(c), 27A, and 29 of the NDPS Act – They had been in custody since 22.04.2024 with no prior NDPS-related criminal antecedents – Supreme Court noted the delay in trial, with not even one of eleven witnesses examined – H...
Criminal Law – Quashing of FIR – Allegations of Sexual Harassment and Intimidation – Petition Dismissed – Petitioner sought quashing of FIR under Sections 354, 354A, 506 IPC, alleging false implication by his niece-in-law – The Court noted that FIR disclosed specific acts of molestation and intimidation occurring over a sustained period – Held: Allegations, if t...
Criminal Law - Dishonour of Cheque – Section 138 NI Act – Conviction Justified – Cheque issued for Rs. 5,20,000 as part payment of existing liability – Dishonoured for insufficient funds – Legal notice issued but no reply or payment made – Trial Court and Appellate Court rightly convicted the accused and sentenced him to two months’ simple imprisonment wit...
Custodial Death – Excessive Force by Police – Compensation Granted – Petition under Section 482 CrPC seeking fair investigation in FIR concerning the death of petitioner’s son by police firing – FIR was diluted to Section 304 IPC despite allegations of point-blank shooting by Head Constable – Court held that use of lethal force against an unarmed accused was dis...
Criminal Law - PMLA Offence – Bail – Predicate Offence Bail Granted – Relaxation of Section 45 PMLA – Bail Allowed – The appellant, a headmaster, was accused of conspiring to leak the question paper of a competitive government examination and was arrested along with 36 candidates found with the leaked paper – The Enforcement Directorate registered a separate ECI...
Criminal Law - Dowry Death - Section 304B, 498A, 302, 201 of the IPC – Appeal Against Acquittal - Presumption under Section 113B – Not Attracted – Presumption Rejected - Marriage of the deceased was within 7 years, but prosecution failed to prove cruelty or harassment in connection with dowry demand – Testimonies of family members lacked consistency, specificity, and corrob...
Bail - Prevention of Corruption Act – Demand for Bribe – Prima Facie Allegations Based on Trap and DVR Evidence – Bail Granted – Petitioner alleged to have demanded and partially accepted bribe to help fabricate documents in a drug case – Trap failed as petitioner fled the spot, destroyed DVR, and allegedly threatened complainant – Court held that gravity of off...