Motor Accident Claim – Compensation for Permanent Disability – Enhancement Allowed – The claimant, aged 48 years and engaged in dairy farming, suffered 60% permanent disability in a road accident and remained hospitalized for nearly a month – The Tribunal awarded a lump sum of Rs. 2,60,000 without assessing future loss of income, pain, or other non-pecuniary damages –...
Bail – Regular Bail – Sections 148, 149, 307, 120-B, 201, 341 of the Indian Penal Code, 1860 - Disclosure Statement Based Nomination – Bail Granted – The petitioner was not named in the FIR and was nominated based solely on the disclosure of a co-accused – No specific role or injury attributed to him – Petitioner in custody for over 9 months, with trial unlikely...
Negotiable Instruments Act – Appeal Against Acquittal – Cheque Dishonour for Stopped Payment – Appeal Dismissed – The complainant alleged that the accused borrowed ₹10 lakhs and issued a cheque that was dishonoured due to “Payment Stopped by Drawer” – Trial Court acquitted the accused due to contradictions in complainant's evidence, lack of proof of ...
Cheque Dishonor – Section 138 of NI Act - Conviction and Sentence Set aside - Criminal Revision against lower court's conviction and sentence under Section 138 of Negotiable Instruments Act, 1881 - Petitioner convicted for dishonoring cheque issued as security - Petitioner contends cheque issued as security for another person's liability, not his own - Defense argues cheque issued wi...
NDPS Act – Section 29 Conspiracy – Aggregation of Quantities – Bail Denied – Although the individual quantity of Ganja recovered from the petitioner was only 1.990 kg (below commercial quantity), bail was denied due to prima facie evidence of conspiracy involving multiple accused jointly transporting 27.7 kg of Ganja – CDRs showed frequent communication between petiti...
Criminal Law - Murder vs. Culpable Homicide – Reclassification to Section 304 Part II IPC – Intent to Kill Not Established – The appellant was convicted for murder under Section 302 for stabbing a police constable during a raid – However, the injury was on the wrist, not a vital part, and occurred during a scuffle when the appellant was trying to escape arrest – Held:...
Criminal Law - Murder – Hostile Witnesses – Acquittal Restored – The Trial Court acquitted all accused due to key witnesses turning hostile and lack of substantive evidence – The High Court reversed the acquittal relying heavily on investigating officers’ testimony and statements under Section 161 Cr.P.C. – Held: The Supreme Court found that conviction can...
Criminal Law - Prevention of Corruption Act – Appeal Against Conviction - Demand and Acceptance – Contradictory Evidence – Conviction Set Aside – The accused, a Revenue Inspector, was alleged to have demanded and accepted a bribe of ₹2,000 for conducting a drought damage inspection – The Supreme Court found contradictions in the testimonies of key witnesses includin...
Criminal Law - Administrative Action vs Criminal Proceedings – Clear Distinction – Court held that administrative actions (declaring fraud) and criminal proceedings (FIRs) are distinct – Setting aside administrative orders for violation of principles of natural justice does not automatically invalidate criminal proceedings based on the same facts [Paras 6-10].
Scope of Natural...
Criminal Law - Confiscation Proceedings – Death of Accused – Trial Abated – Property to be Released – Appellant’s predecessor died before conclusion of corruption trial – Trial abated without conviction – Court held confiscation contingent on conviction and continuation thereof post-abatement is unconstitutional – Held: Confiscation not sustainable, ...