Criminal Law – Murder – Conspiracy – Appeal against acquittal – Deceased, an office bearer of JDU party, murdered by accused persons due to political rivalry – Prosecution alleged conspiracy and participation of 10 accused persons – Trial court acquitted all accused – High Court, upon appeal by State and de facto complainant, found that evidence of injured...
Criminal Law - Sanction for Prosecution – Cognizance under Section 120-B IPC in Absence of PC Act Sanction – Cognizance Set Aside – Petitioner, a public servant, was summoned for conspiracy to commit offence under Section 7 of the PC Act despite competent authority declining sanction under Section 19 – Court held that where the object of the alleged conspiracy is an offence...
Criminal Law – Murder – Appeal Against Conviction – Circumstantial Evidence – Last Seen Theory and Recovery of Bloodstained Articles – Conviction Set Aside - Appellant was convicted for murder of his foster daughter based solely on circumstantial evidence – Prosecution relied on last seen theory, recovery of bloodstained pant, and alleged improper motive &...
Bail – Jurisdiction of Magistrate – Offences under SC/ST Act and IPC Section 409 – Bail Order Set Aside - The learned Magistrate rejected remand of accused but also granted bail in offences triable by Sessions/Special Court including under SC/ST Act and Section 409 IPC – Held: Though rejection of remand was within discretion of Magistrate, granting bail was beyond jurisdict...
Criminal Law – Murder – Appeal Against Conviction - Second FIR – Procedural Illegality – Invalid Re-Investigation – The second FIR was registered by Baguihati PS instead of continuing under Section 173(8) CrPC after a closure report on the first FIR – Held: Magistrate's order must be treated as further investigation on the original FIR – The second FIR...
Matrimonial Law - Maintenance under DV Act – Validity of Waiver Clauses – Agreement Not Enforceable – Despite the marital settlement agreement (Annexure A2) purporting to waive maintenance, such waiver was held unenforceable being opposed to public policy – Held: The wife’s statutory right to maintenance cannot be waived, and she is entitled to seek maintenance notwit...
Dishonour of Cheque – Presumption of Legally Enforceable Debt – Section 138 NI Act – Conviction Upheld - The accused admitted issuance of cheque but claimed it was issued blank as security – Held: Admission of signature leads to presumption of consideration under Section 139 NI Act, which the accused failed to rebut by sufficient evidence – Defence witness' testim...
Criminal Law – Framing of Charges – Standard at the Stage of Framing – Prima Facie Case Sufficient - The Court clarified that at the stage of framing charges, detailed evaluation of evidence is not warranted; a prima facie view suggesting the accused might have committed the offence is sufficient – Charges framed against petitioners upheld [Paras 42-45].
Prevention of Co...
Criminal Law - Anticipatory Bail – Property Dispute – Forcible Entry Allegations – Bail Granted with Stringent Conditions - Petitioners accused of engaging lawyers to forcibly take possession during a property dispute under the guise of an injunction order – Court noted prima facie evidence suggesting misconduct by lawyers acting as henchmen – Held: Arrest not require...
Criminal Law - Death Penalty – Inadequate Legal Representation – Violation of Article 21 of Constitution – De novo Trial Ordered - The Court found that the convict was deprived of adequate legal assistance throughout the trial due to frequent change of legal aid counsel, perfunctory cross-examinations, and failure to provide proper defence – This amounted to a violation of ...