Criminal Law - Probation - Sections 360, 361 of Cr.P.C. - Sections 3, 12 of Probation of Offenders Act - Purpose of criminal law to reform individuals and maintain societal harmony - Petitioner convicted for forgery to obtain a loan - Sentence of rigorous imprisonment for two years - Petitioner's appeal dismissed by Additional Sessions Judge - High Court holds the trial and appellate courts fa...
Criminal Law - Abetment of Suicide - Sections 107 and 306 IPC - Essential ingredients for abetment under Section 306 IPC include provocation, incitement, or inducement to commit suicide - Accused must have intended their acts to drive the deceased to commit suicide - Delay in lodging FIR casts doubt on prosecution's version - No evidence of active role or mens rea on part of appellants to inst...
Criminal Law - Abetment of Suicide - Conviction under Section 306 IPC - Requirement of Positive Evidence - Indian Penal Code, 1860 - The appellant, convicted for abetment of suicide based on allegations of harassment in a suicide note, was acquitted. The court held that there must be cogent evidence proving that the appellant had any direct role in abetting the deceased to commit suicide. Mere all...
Civil Procedure - Pleadings - Order 6 Rule 2 CPC - Pleadings must contain concise statements of material facts - Evidence is not required to be pleaded - Held that written statements must state material facts, not evidence - Evidence beyond pleadings deemed inadmissible - Defendant's claim that land was purchased by the deceased during his lifetime based on hard work and business of purchasing...
Railways - Untoward Accident - Bona Fide Passenger - Sections 123(c)(2) and 124A of Railways Act, 1989 - Valid ticket found on deceased establishes prima facie that the person was boarding the train - Held that the deceased fell from the train due to an accident and lost his life - Respondent-Railways failed to provide cogent evidence to rebut this - Tribunal's reliance on an unproduced witnes...
Criminal Law – Murder – Circumstantial Evidence – Lack of Motive – Appellants convicted for murder based on circumstantial evidence and extra judicial confession – Prosecution failed to prove animosity between accused and deceased – No motive established – Motive plays crucial role in circumstantial evidence cases – Conviction based on weak motive un...
Information Technology Act, 2000 - Exemption from Liability - Intermediary Role - Held, Facebook India Ltd. is an intermediary and does not control or operate servers hosting content. No allegations of conspiracy or inducement against it. Exempt from liability under Section 79 of the IT Act. Not a necessary party to the suit.
Copyright Act, 1957 - Section 52(1)(c) Compliance - Pre-sui...
Criminal Law – Negotiable Instruments Act – Vicarious Liability of Directors – Ex-Director Liability – Petitioner resigned prior to issuance of disputed cheque – Form No. 32 and annual return showed resignation – Held, Magistrate not justified in summoning petitioner without specific averments in the complaint regarding his role in conduct of company’s bus...
Criminal Law – Prevention of Corruption Act – Mandatory Sanction – Competent Authority’s Refusal – Petitioner’s sanction for prosecution refused twice while in service – Post-retirement prosecution without sanction held invalid – Court's cognizance taken without valid sanction not as per law – Charges framed against petitioner set aside. [P...
Negotiable Instruments Act - Section 138 Complaint - Rebuttable Presumption - Complaint dismissed and respondent acquitted - Respondent rebutted the presumption under Section 139 - Complainant failed to prove legally enforceable debt - Appeal dismissed. [Paras 1-10]
Burden of Proof - Financial Capacity - Analysis - Complainant failed to provide evidence of financial capacity to advanc...