Bond Forfeiture – Excessive Amount – Appellant, a daily-wage earner, furnished a bond of Rs. 500,000 under Section 107 CrPC for keeping the peace during Panchayat Elections – Allegations of illegal construction and obstruction of officials – Magistrate ordered forfeiture of the entire bond amount – High Court and Revisional Court upheld the order – Supreme Court...
Test Identification Parade (TIP) – Inadmissibility of TIP Conducted with Police Presence – Evidence of TIP is not substantive and is meant to corroborate in-court identification – TIP must be conducted without undue delay and without the accused being seen by witnesses beforehand – TIP conducted with police presence or after the accused is shown to witnesses invalidates its...
Criminal Appeal No. 609 of 2016 – Appeal against the judgment and order of conviction under Section 302 of the IPC – Appellant convicted for the offense of setting his wife on fire resulting in her death – Appeal filed challenging the maintainability, sustainability, and legality of the judgment – Grounds raised questioning the credibility of the dying declarations, lack of...
Bail Cancellation – Exercise of Suo Motu Powers – Appellant granted bail by Trial Court – High Court canceled bail citing appellant’s absconding behavior – Supreme Court emphasizes the requirement of cogent and overwhelming circumstances for bail cancellation – High Court's action deemed over-expansive for not considering the peculiarity of appellant's s...
Regular Bail - Grant of - Violation of principles laid down in Arnesh Kumar vs. State of Bihar and Satender Kumar Antil vs. Central Bureau of Investigation - Non-issuance of notice under Section 41-A Cr.P.C. - Mandate of compliance with Sections 41 and 41-A Cr.P.C. - Non-compliance entitles accused for bail - Dereliction on the part of Investigating Agency - Grant of regular bail warranted. (Para ...
Contempt of Court – Imprisonment Term – Applicant (contemnor) in continuous custody from February 3, 2020, seeks clarification on the commencement date of the six-month imprisonment term imposed by the Supreme Court’s order dated September 22, 2022 – Applicant contends term should start from February 3, 2020 – Supreme Court rejects contention, holding that custody in ...
Criminal Appeal – Conviction under NDPS Act – Non-compliance with legal provisions and guidelines – Doubts about the place of recovery – Non-examination of independent seizure witnesses – Prejudice caused to the appellant’s defense.
Section 42(2) of NDPS Act – Compliance – Obligation to report information received and send a copy to supe...
Examination of accused under Section 313 of the Criminal Procedure Code - Importance of putting material circumstances to the accused - Failure to put incriminating evidence to the accused constitutes a serious irregularity - Prejudice caused to the accused - Curability of the defect depends on various factors, including the passage of time since the incident - Unjust to remand the case after a si...
Defamation – Criminal Law – Appeal against summoning order and complaint quashing – A news article titled "Mission Misconduct" published in INDIA TODAY magazine led to defamation complaints – The article reported allegations of sexual misconduct, corruption, and sale of passports by Indian officials – The complainant, a senior officer, sought action against ...
Criminal Law – Negotiable Instruments Act – Liability of Directors – High Court quashed proceedings against the director of a company under Section 138 NI Act due to the company not being made an accused and lack of averments in the complaint stating the director was responsible for the conduct of the business – Supreme Court affirmed, emphasizing the necessity of company b...