Cheque Bounce - Section 138 of the Negotiable Instruments Act – Legally Enforceable Debt – Cash Transaction Above ₹20,000 – Conviction Set Aside – The accused was convicted for issuing a dishonoured cheque for ₹9,00,000 allegedly towards discharge of a debt – The defence contended that the debt was created through a cash transaction in violation of Section 269SS o...
Criminal Law - CBI Investigation – Transfer of Probe – Section 174 CrPC & Sections 302, 304 IPC – Investigation Transferred to CBI – Appellant's daughter died under suspicious circumstances in a coaching-related hostel – Allegations of institutional apathy, medical negligence, conflicting CCTV evidence and suppressed forensic records – Local investigatio...
Criminal Law – Quashing of FIR – Section 156(3) Cr.P.C. – Quashing Denied – Petitioners sought quashing of FIR No. 380/2005 alleging inducement and breach of MoU by respondents – Magistrate ordered registration of FIR without prior complaint to police – High Court declined to quash FIR noting completion of investigation and filing of chargesheet – Supreme ...
Motor Accident Claim – Section 147, Section 163A, and Section 166 of the Motor Vehicles Act - Personal Accident Cover – Comprehensive Insurance Policy – Full Compensation Restored – The deceased, brother of the vehicle owner, died in an accident caused due to tyre burst while driving the insured vehicle – The Tribunal awarded Rs. 25,82,000/- under a personal accident ...
Sentencing – Retrospective Application of Law – Article 20(1) – Sentence Modified – The appellant was convicted under Section 6 of the POCSO Act for rape of a 5-year-old child and sentenced to imprisonment for the remainder of his natural life as per the 2019 amendment – Held: The amendment came into force after the date of offence (20.05.2019) and its retrospective a...
Criminal Law - Acquittal of Accused – Allegations of Sexual Assault under Section 8 POCSO Act and Sections 451, 506 IPC – Acquittal Upheld - The appeal by the State challenged the judgment acquitting the respondent accused of charges of sexual assault and house trespass based on contradictions in prosecutrix’s statements – The High Court, after reappreciating the evidence, ...
Criminal Law – Appeal Against Acquittal – Cheque Dishonour Acquittal – Section 138 NI Act – Appeal Transferred to Sessions Court – The appellant sought leave to appeal under Section 378(4) Cr.P.C. against acquittal in a dishonoured cheque complaint – High Court relied on the Supreme Court’s ruling in M/s. Celestium Financial vs. A. Gnanasekaran Etc.,...
Cheque Dishonour – 138 of the NI Act - Presumption under Negotiable Instruments Act – Rebuttal of Presumption – Acquittal Upheld – The complainant alleged loan transaction and issuance of cheque in discharge of debt – Accused produced evidence (Ex.D4) obtained under RTI showing operation of unregistered finance business by complainant, which was denied by complainant ...
Matrimonial Law - Maintenance Revision – Quantum of Maintenance – Sections 125 and 127 CrPC – Enhancement Granted with Increment Provision – In this batch of revisions, the wife challenged the Family Court’s order reducing her maintenance from ₹30,000/- to ₹20,000/- while the husband sought further reduction on account of his retirement – The High Court scru...
Criminal Law - Dowry Death and Suicide – Conviction under Section 304B Modified – Section 306 and 498A Sustained – The appeal was preferred against conviction under Section 304B IPC for dowry death following suicide of wife within seven years of marriage—High Court found lack of evidence establishing harassment or dowry demand 'soon before death' but consistent dowr...