Criminal Law – Sexual Harassment – The Supreme Court emphasized the duty of the police to register an FIR whenever a cognizable offence is made out – Highlighted the importance of courts dealing with complaints of sexual harassment in a sensitive manner – Directed investigation to be supervised by a woman officer not below the rank of Superintendent of Police [Paras 1-37].
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Criminal Law – Conviction for Attempt to Murder – The Supreme Court set aside the conviction under Section 307 IPC and Sections 25 and 27 of the Arms Act due to the lack of independent evidence corroborating the complainant's statements and the failure of the prosecution to link the recovered items to the alleged incident – Emphasized the importance of proper examination unde...
Criminal Procedure – Revision Petition by Private Complainant – The Supreme Court held that a private complainant can file a revision petition under certain circumstances, including when the trial court wrongly excludes evidence that the prosecution wishes to produce – Emphasized the importance of revisional jurisdiction in ensuring justice and correcting manifest illegality or p...
Criminal Law – Interim Stay of Investigation – The Supreme Court held that the High Court erred in granting an interim stay of investigation in the petitions seeking quashing of criminal complaints – Reiterated that such stays should be granted only in the rarest of rare cases and that the Investigating Officer's right to investigate should be respected – The High Court...
Criminal Law – Bail – Petitioner charged under NDPS Act for possession of intoxicant tablets – Seeking bail under Section 439 CrPC – Petitioner in custody for over 2 years and 7 months – No criminal antecedents – Co-accused already granted bail – Willing to comply with stringent conditions – State opposes bail due to the commercial quantity of contra...
Convictions and Sentences – Challenging Grounds – Appellants convicted under Sections 328/366/342/34 and 376D IPC – Sentenced to rigorous imprisonment for life with fines – Appeal grounds included lack of evidence, uncooperative prosecutrix, inadequate investigation, and reliance on inconclusive FSL report – Prosecutrix a major at the time of the incident. [Paras 1-2]...
Negotiable Instruments – Interim Compensation – An accused’s failure to deposit interim compensation under Section 143A of the Negotiable Instruments Act does not justify depriving the accused of the right to cross-examine witnesses. Such a foreclosure exceeds the court's powers and is not supported by the statutory framework [Paras 1-88].
Section 143A – En...
Murder – Culpable Homicide – Exception 1 to Section 300 IPC – The act of provocation and resultant loss of self-control must be both sudden and grave. The appellant's actions, leading to the death of his brother, were found to be under sudden and grave provocation, fitting within the ambit of Exception 1 to Section 300 IPC, thereby converting the conviction from Section 302 t...
Arms Act, 1959 - Section 13 - Application for Arms License - Rejection - Challenge by way of Writ Petition - Petitioner, a businessman, sought an arms license for self-protection and carrying cash related to his business - Application rejected based on a police report that did not recommend granting the license for self-protection - Petitioner contended lack of proper application of mind in the im...
Vicarious Liability – Requirements under Section 141 of NI Act – The Supreme Court held that merely stating that directors are in charge of and responsible for the conduct of the business of the company does not fulfill the requirements of Section 141 of the NI Act. Specific averments detailing their role and responsibility are necessary [Paras 1-88].
Personal Appearance &...