FACTS: The petitioner, M/S. Masturlal (Pvt.) Ltd., was accused of failing to furnish required statistical data to the respondent, violating Section 15(1) of the Collection of Statistics Act, 2008. In a previous proceeding (C.C.No.22683/2012), the petitioner pleaded guilty, paid a fine, and the case was closed.
ISSUE: Whether the second proceeding under Section 15(2) of the Act for non...
Challenge Against Dismissal of Revision Petition - Petitioner challenges the order of the Principal District and Sessions Judge dismissing the criminal revision petition against the trial court's order - Revision petition was against the trial court's dismissal of a complaint for defamation for lack of territorial jurisdiction [Para 1].
Complaint for Defamation Under IPC - Pet...
Criminal Appeal – Rape case – Conviction and sentencing – Sole testimony of the victim – Need for corroboration – Failure to prove case beyond reasonable doubt – Contradictions and inconsistencies in victim’s statement – Lack of injuries and corroborating evidence – Delay in lodging FIR – Absence of independent witnesses – Acquittal...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 37 - Bail application - Grant of Bail - Prolonged incarceration - Slow pace of trial - Balance between accused's right to liberty and societal interest - Constitutional parameters - Right to speedy trial - Stringent bail conditions - Prima facie determination of guilt - Special enactments - Right under Article 21 of the Constitutio...
Appeal against Acquittal in Rape and Dacoity Case - High Court Judgement – Appeal by State against acquittal of accused from offences under Sections 395/376G/412 IPC in gang rape and dacoity case - High Court upholds trial court's acquittal of accused from charges of rape under Section 376G IPC but sustains conviction under Section 395 IPC for dacoity.
Evaluation of Prosecut...
Maintenance – Section 125 CrPC – Husband's Duty to Provide – Husband is required to earn money even by physical labor if he is able-bodied and cannot avoid his obligation except on legally permissible grounds – The Court directed the husband to pay a maintenance amount of Rs. 10,000 per month to the wife [Paras 9-13].
Social Justice – Section 125 CrPC...
Criminal Law – Conviction Based on Circumstantial Evidence – Appeal against conviction and death sentence for rape and murder – Prosecution relied solely on circumstantial evidence without medical examination of the accused – Failure to obtain Forensic Sciences Laboratory report on blood/semen stains – Prosecution’s failure to provide medical evidence critical w...
Constitutional Law – Right to Life and Personal Liberty – Article 21 – Extension of Investigation Period – It is mandatory to produce the accused either physically or virtually when the Court considers an application for extension of the investigation period under Section 167(2) CrPC and Section 20(2) of the GCTOC Act – Failure to do so is not a mere procedural irregu...
NDPS – Acquittal - Arrest and Recovery of Morphine - Appellant Aasha Ram arrested with another individual, Jagram Kewat, by patrolling police party; around 150 grams of morphine allegedly recovered - Police testimonies from Constable Gopal Prasad Rana (PW-1), Makar Dhwaj (PW-2), and S.I. Dhaniram Verma (PW-3) form basis of prosecution case. [Paras 4, 15]
Procedural Compliance un...
Criminal Procedure - Production of additional documents - Permission to produce photocopy of a document - Validity - Para 9, 10: If some mistake is made by the investigating officer by not producing a relevant document at the time of submitting the report or charge sheet, it is open to the investigating officer to produce the same with the permission of the court - The absence of specific prohibit...