Criminal Law - Foreign Exchange and Penal Law – Applicability of IPC Despite FEMA – No Implied Repeal – Prosecution Valid - Petitioners argued that once FEMA decriminalized foreign exchange violations, they could not be prosecuted under IPC for related acts – Held: IPC offences such as forgery and criminal conspiracy are distinct and independent – Doctrine of implied ...
Criminal Law – Abetment of Suicide – No Direct Instigation – Framing of Charge Quashed – Petitioner alleged to have borrowed money from the deceased who later committed suicide – Suicide note did not allege harassment, threats, or instigation – No forensic confirmation of authorship of suicide note – Mere issuance of cheques not indicative of abetment &nda...
Anticipatory Bail – Prevention of Corruption Act, 1988 - Demand and Acceptance of Bribe by Public Servant – Bail Denied - The petitioner, a Junior Engineer, was accused of demanding ₹1000/- for signing a routine electric connection transfer – Audio recording of the demand and acceptance was submitted – Court held that prima facie the allegations were serious and warranted...
Civil Review – Time-Bound Disposal Direction by High Court – No Grounds for Interference – Review Dismissed - The petitioner sought review of a direction in the appellate judgment requiring the Family Court to dispose of a long-pending matrimonial dispute within six months – Court held that such time-bound direction was justified in light of 15 years of ongoing litigation &...
Criminal Law - Probation of Offenders Act – Inapplicability under PoFA Act – Section 20AA prohibits probation – Probation benefit denied - Section 20AA clearly excludes the application of the Probation of Offenders Act and Section 360 of the CrPC to those convicted under the PoFA Act unless the offender is under 18 years of age – The Court held that the provision is explici...
Criminal Law – Sections 132, 135, 110(1B) of the Custom Act - Jurisdiction of Magistrate – No Power to Direct Revaluation Post-Adjudication – Magistrate Exceeded Authority – The Court held that once quasi-judicial adjudication proceedings under Customs Act were concluded and valuation upheld, the Magistrate could not order fresh revaluation – Certification proceedings...
Section 138 NI Act – Personal Criminal Liability of Director – Insolvency of Company No Bar – Appeals Dismissed – Appellant convicted for cheque dishonour and sentenced to two years imprisonment with ₹2.5 crore compensation – He claimed protection due to company liquidation and moratorium under IBC – Supreme Court held director’s criminal liability under...
Criminal Law - Inherent Powers of High Court – Section 482 CrPC – Improper Invocation – Order Reversed – High Court directed release of Rs. 15.90 lakhs in favour of respondent no. 2 despite ongoing investigation and charge sheet indicating need for further probe – Held: High Court exceeded jurisdiction under Section 482 by making findings on factual disputes and inter...
Bail – Parity – Not Applicable to Main Conspirators – Bail Cancelled – High Court erred in granting bail to main accused Yashpal and Raman on ground of parity with co-accused – Supreme Court held that respondents were the masterminds of a pre-planned murder involving a contract killer – Their role is distinct and graver than other co-accused – Parity not a...
Criminal Law - Rape - Conviction – Sole Testimony of Victim – Medical Corroboration Not Essential – Conviction Upheld - The prosecutrix, though a minor, gave a clear and consistent account of the offence – The delay in medical examination did not negate her statement – Medical opinion on habitual intercourse or absence of injuries was not fatal to the prosecution case...