Anticipatory Bail – Denial – Sexual Offences against Minor – Petition for anticipatory bail in a case involving a 16-year-old victim who alleged multiple instances of sexual assault, forced intoxication, blackmail, and threats by the petitioner and co-accused – Victim’s statement under Section 164 CrPC corroborated the allegations – Held, anticipatory bail denie...
Juvenile Justice – Bail – Gravity of Offence – Petitioner, a juvenile, was denied bail by the Magistrate and Additional District Judge despite one year in custody – Revision petition argued that under Section 12 of the Juvenile Justice Act, bail is the rule for juveniles except in specific contingencies – Court held that the gravity of the offence should not be consid...
Criminal Law - Cause of Death - Hanging vs. Strangulation - Forensic evidence and medical jurisprudence distinguish hanging from strangulation - Strangulation characterized by horizontal ligature marks, injuries to neck muscles, and ruptured carotid arteries - Post-mortem showed injuries consistent with strangulation, not hanging - Appellant's claim of suicide rejected - Conviction upheld. [Pa...
Criminal Law - Plea of Insanity - Section 302 IPC - Appellant convicted for murder - Defense under Section 84 IPC claiming schizophrenia - Evidence showed appellant's behavior did not support claim of unsoundness of mind at the time of the crime - Legal insanity not established - Appeal dismissed. [Paras 26, 37]
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Criminal Law - Medical Negligence - Quashing of Criminal Complaint and Summoning Order –Criminal Appeal against summoning order for offense under Section 304-A IPC – Allegation of medical negligence against appellant in the treatment of respondent's wife – Contention that summoning order was passed without obtaining necessary medical opinion from a government doctor as mandat...
NDPS Act – Compliance of Mandatory Provisions – Investigation lapses leading to bail and acquittals – Issuance of guidelines for investigating officers – Court found that non-compliance with provisions of Sections 42 and 50 of the NDPS Act often results in faulty investigations, allowing accused to secure bail and eventual acquittal – Guidelines issued for adherence t...
Criminal Law - Procedural Compliance under NDPS Act – Compliance with Section 42 NDPS Act –Search and Seizure Requirements – Appellants charged and tried under Sections 21(c) and 8(c) of the NDPS Act – Conviction and sentence of 14 years imprisonment and a fine of Rs. 2 lakhs each challenged – Defence contended non-compliance with Section 42 of the NDPS Act – He...
Motor Vehicles Act, 1988 - Section 166 - Notional Income of Deceased Housewife - Calculation of notional income of a deceased housewife in motor accident claims - Held - The deceased, aged 22 years with a young child, had her notional income assessed at Rs. 8000 per month. No deductions for self-expenses were applied, as per legal precedents, recognizing the multifarious roles of a housewife. The ...
Criminal Law - Probation of Offenders - Sections 360 and 361 Cr.P.C. - Conditions for Release on Probation - Petitioners convicted under Section 292 IPC and Sections 63 and 68-A of the Copyright Act for preparing and selling obscene video compact discs - Trial Court and Appellate Court failed to consider release on probation despite compliance with conditions under Section 360 Cr.P.C. - Offenders ...
Landlord-Tenant Relationship - Bona Fide Requirement - Section 13 of East Punjab Urban Rent Restriction Act, 1949 - Eviction petition filed by landlady claiming shop needed for son's business - Son appeared as witness and attorney, cross-examined by tenant - Held, usually landlord must give evidence personally; exception where affairs managed by attorney who is a close family member - Attorney...