Family Law - Domestic Violence – Right to Appeal – Section 29 of the DV Act – Leave to Appeal Denied – The petitioner, mother-in-law of the aggrieved woman, filed for leave to appeal against an order passed by the Trial Court under Section 12 of the DV Act – Held: She did not qualify as an “aggrieved person” under Section 2(a) and was not a party to the pr...
Criminal Law – Quashing of FIR – Sections 143, 149, 188, 268 IPC – FIR Quashed - The FIR filed against a sitting MLA accused of participating in a protest without permission was found to be vague and lacking necessary ingredients of the alleged offences – The protest, even if held without police permission, did not constitute an offence under Section 141 IPC – No alle...
Criminal Revision – Conviction under Sections 148, 323 read with Section 149 IPC – Benefit of Probation Granted – Sentence Modified - The petitioner was convicted and sentenced to one year rigorous imprisonment for offences under Sections 148 and 323 read with Section 149 IPC – In revision, conviction upheld but considering her antecedents, absence of further offences, and ...
Criminal Law - NDPS – Superdari of Vehicle – Release Ordered – Long Pendency and Vehicle Devaluation Considered – The petitioner sought release of his vehicle (Innova car) on superdari, which had been seized in connection with an NDPS case where 2.6 kg of opium was recovered – Though petitioner was found in the vehicle, trial was pending and vehicle had remained in cu...
Civil Law - Grant of Letters of Administration – Holographic Will – Long Delay in Publication – Grant Upheld – The appellants objected to the grant of letters of administration on the basis of a Will executed in 1968 but disclosed after 30 years – The Court held that the application for letters of administration was filed after disputes arose among heirs and hence was...
Criminal Law - Criminal Complaint – Bar of Limitation – Section 468 CrPC – Cognizance Set Aside – Magistrate took cognizance only under Section 323 IPC (maximum punishment: one year) after three years of the alleged incident – Held: Section 468 CrPC applies; the complaint is barred by limitation – The Magistrate's and High Court’s orders set aside; com...
Cheque Dishonour – Defence of Payment Stop Due to Defective Goods – Acquittal Upheld – Appellant filed complaint under Section 138 of the Negotiable Instruments Act alleging dishonour of cheque issued by respondent towards outstanding dues for electronic goods – Respondent issued stop payment instructions citing defective and substandard goods – Trial Court found that...
Dishonour of Cheque – Service of Statutory Notice – Section 138(b) of the Negotiable Instruments Act, 1881 – Conviction Set Aside – The revision petitioner/accused challenged the conviction and sentence under Section 138 of the N.I. Act, contending that the mandatory legal notice was not served upon him, but instead received by a relative without evidence of his knowledge o...
Criminal Law - Quashing of Criminal Proceedings – Civil Dispute Dressed as Criminal Offence – Sections 406, 420, 467, 468, 469, 120B IPC – Quashing Allowed – The petitioners challenged the criminal proceedings initiated under multiple penal provisions arising out of allegations of cheating and forgery in respect of a loan transaction secured by pledge of shares – The ...
Criminal Law - Conviction for Rape of Minor – Sole Testimony of Victim – Section 376(2)(f) IPC – Conviction Confirmed - The appellant challenged his conviction for rape of a four-year-old girl, alleging false implication and lack of corroboration – The Court upheld the trial court’s conviction relying on the credible testimony of the minor victim, corroborated by her ...