Criminal Law - Rape and Abduction – Sections 366 and 376 IPC – Conviction Upheld – The appellant was convicted of abducting and raping the prosecutrix based on her statement under Section 164 CrPC and medical evidence – The conviction by the Trial Court and its affirmation by the High Court were supported by reliable and sufficient prosecution evidence – Held: No grou...
Juvenile Justice – Relevant Date for Determination of Age – Juvenile Justice Act, 1986 – Date of Offence Held Relevant – Conflict between Umesh Chandra (three-judge bench) and Arnit Das (two-judge bench) resolved – Held: Correct law is that relevant date for reckoning age is date of commission of offence, not date of production before court – Liberal and purposi...
Criminal Law - Dishonour of Cheque – Successive Presentations – Section 138, NI Act – Fresh Right but Not Fresh Cause of Action – A payee may successively present a cheque during its validity period, and each dishonour gives a fresh right to present again – However, once a notice of demand under Section 138(b) is issued and served, and drawer fails to pay within 15 da...
Prevention of Corruption Act – Sanction for Prosecution – Section 19(1) – Summoning of Public Servant without Sanction Impermissible – Cognizance can be taken only against a person for whom sanction has been specifically granted – Sanction qua one accused cannot be extended to another public servant – High Court’s order summoning appellant without sanction...
Criminal Law – Prevention of Corruption – Demand and Acceptance of Bribe – Appellant, a Central Excise Inspector, convicted for accepting ₹1500 alleged as bribe for clearing export goods – Trial Court found him guilty under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act – High Court acquitted him under Section 13(1)(d) and 13(2), but uph...
Section 498A IPC – Constitutional Challenge – Misuse Plea – Provision Upheld – Petition sought declaration that Section 498A is unconstitutional or, alternatively, guidelines to curb alleged rampant misuse – Held: Mere possibility or instances of misuse cannot invalidate a statute otherwise intra vires – Courts interpret law, not legislate – Abuse, if any,...
Criminal Law – Murder – Circumstantial Evidence – Conviction and Death Sentence Confirmed – Appellant convicted for brutal murder of six family members including women and children in a premeditated act – Trial court imposed death penalty under Section 302 IPC – High Court confirmed conviction and sentence – Supreme Court held: Circumstantial chain complet...
Criminal Writ - Child Custody – Removal from Jurisdiction – Foreign Court Orders – Habeas Corpus – Appellant-father, a U.S. citizen, filed habeas corpus petition under Article 32 seeking custody of his minor son, an American national, removed by the respondent-mother to India in violation of U.S. custody orders – Child had been missing for over two years until traced ...
Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Limitation – Cause of Action – Notice Returned ‘Refused’ – Applicability of 15-day Period – Held: Even when statutory notice is returned unclaimed or refused, service is deemed effected under Section 27 of the General Clauses Act – Cause of action arises only after expiry of...
Constitution of India – Article 226 – Protection of Life and Liberty – Petitioner, a practicing advocate, sought police protection alleging threats from his former clients (respondents No.5 and 6) over refund of professional fees – Court directed SSP Mohali and SSP Chandigarh to examine representations dated 02.06.2025 and 23.07.2025 and to take necessary action to ensure p...