Criminal Law – Section 319 Cr.P.C. – Power to Array Additional Accused – Degree of Satisfaction – Power under Section 319 Cr.P.C. is extraordinary and cannot be exercised mechanically – Degree of satisfaction required is the same as that required for framing of charge – Mere existence of some evidence is insufficient unless such evidence is strong and cogent &nd...
Service Law – Recruitment – Age Relaxation – SEBC Candidate – Migration to Unreserved Category – Petitioner belonging to SEBC category applied for post of Management Trainee (HR) against unreserved vacancy – Advertisement prescribed maximum age of 32 years for UR candidates with age relaxation for reserved categories – No vacancy earmarked for SEBC categor...
Criminal Law – Regular Bail – Section 439 CrPC – FIR Involving Murder of Police Personnel – Seriousness of Allegations – Bail not to be denied solely on gravity of offence – Court required to balance liberty with societal interest [Paras 1–2].
Bail on Ground of Parity – Co-accused Granted Bail – Petitioner similarly placed – No disting...
Criminal Law – Acquittal – Offences under Sections 504, 323, 324, 326 read with Section 34 IPC and Section 3(2)(v) SC/ST (PoA) Act – Appellants convicted by Special Court for assault and grievous hurt allegedly caused to complainant belonging to Scheduled Caste – On appeal, High Court finds material inconsistencies in testimonies of PW1 to PW3 who are interested witnesses &...
Criminal Law – Murder – Burning of Wife – Conviction Restored – Respondent-husband alleged to have poured kerosene and set wife on fire – Trial Court convicted under Section 302 IPC – High Court acquitted by discarding dying declaration on hyper-technical grounds – Held: High Court committed manifest error – Acquittal set aside – Conviction and...
Criminal Law – Grievous Hurt – Conviction under Section 325 IPC – Reliability of Injured Witness – Sentence Modified – Appellants convicted by Trial Court for causing grievous hurt to victim by assaulting him with wooden stick and bicycle pump – Prosecution case supported by injured eyewitness (P.W.2), independent eyewitnesses and medical evidence – Defenc...
Bail – Murder Case – Conspiracy – Accused Not Present at Scene of Crime – Petitioner (Accused No.11) alleged to have only intimated the movement of the deceased to principal accused – No overt act of assault attributed to him – Petitioner not present at the place of occurrence – Role limited to prior intimation – Held: Case distinguishable from main ...
Criminal Law – Sexual Offences – POCSO Act, 2012 – Section 6 – Conviction upheld – The appellant, father of the minor victim, was convicted under Sections 376(2), 376AB IPC and Section 6 of POCSO Act for sexually assaulting his minor daughter – The High Court found the victim's testimony (PW-1) natural, cogent, consistent, and inspiring full confidence, noti...
Student Suicides – Mandatory FIR – Institutional Responsibility – Higher Educational Institutions – Supreme Court earlier clarified mandatory registration of FIR on disclosure of cognizable offence in cases of student suicides and reiterated the unequivocal moral and legal obligation of educational institutions to promptly report such incidents – Rising incidents of s...
Prevention of Money Laundering Act, 2002 – Discharge and Framing of Charge – Scope of Judicial Review – Petitioner, Director of contractor company, challenged rejection of discharge and framing of charge under Section 3 PMLA – Allegations of submission of 26 fake and forged bitumen invoices leading to generation of proceeds of crime worth Rs. 1,08,95,583/- – Investiga...