Murder – Conviction – Benefit of Doubt – Appellant convicted under Section 302 IPC while two co-accused acquitted on same evidence – Prosecution case based on eye-witness testimony of related witnesses – Material contradictions in statements of PW-1 regarding visibility and assault – PW-1 admitted in cross-examination that due to darkness he could not see assaul...
Criminal Law – Criminal Intimidation – Section 506 IPC – Quash Petition under Section 482 CrPC – Allegation that accused drove car at victim with intention to cause fear of death – FIR and final report disclose specific overt act and intention – Prima facie offence made out – Proceedings not liable to be quashed [Paras 1–5, 8, 14–17].
Sectio...
Criminal Law – Cheating – Business Transaction – Memorandum of Understanding – Petitioner induced de facto complainant to invest Rs.1,09,95,000/- for supply of computers to educational institutions promising 12% interest and 50% profit share – Amount transferred through bank – Petitioner failed to show actual purchase or supply of computers – Payment of ad...
Execution Proceedings – Section 47 CPC – Scope and Limits – Objections raised by judgment-debtors questioning executability of decree – Held: Executing Court cannot go behind decree but can examine whether decree is a nullity, vague, or incapable of execution – Executability of decree itself falls within ambit of Section 47 CPC [Paras 52–55, 69–74].
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Rent Control – Eviction for Non-Payment – Deposit of Arrears – Procedural Compliance Mandatory – Tenant’s application to deposit arrears after eviction order under third proviso to Section 14(2)(i) of H.P. Urban Rent Control Act was rejected – Court held “amount due” includes arrears of rent, interest, and costs – Deposit must be made within 30...
Criminal Law – Appeal against Acquittal – Murder during Communal Riots – Allegation that accused sprinkled kerosene and set deceased on fire near Idga Masjid during riots of 2002 – FIR lodged with delay of 11–12 days – Trial Court acquitted accused – Held: Prosecution failed to prove guilt beyond reasonable doubt – No perversity in acquittal – ...
Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Conviction of Partner – Acquittal of Firm – Trial Court acquitted A1 firm and A3 partner but convicted A2 partner – Magistrate proceeded on erroneous factual premise treating A1 as partner instead of firm – Non-application of mind regarding vicarious liability under Section 141 – Appell...
Criminal Law – Dacoity with Murder – Section 396 IPC – Appellants convicted for committing dacoity at house of Pohap Singh during intervening night – One Summera died due to firearm injuries and nine persons sustained injuries – FIR promptly lodged naming five appellants and one Kunji along with six unknown persons – Trial Court convicted appellants – High...
Criminal Law – Quashing of Proceedings – Section 482 Cr.P.C. – Allegations under Sections 500/504/506/509 IPC – Complaint arising out of long-standing family land dispute – No specific date, time or particular words attributed in complaint – Ingredients of alleged offences not disclosed – Held: Where complaint taken at face value does not constitute essent...
Penal Code, 1860 – S. 376 – Protection of Children from Sexual Offences Act, 2012 – Ss. 3, 4 – Rape of 8-year-old child – Medical opinion vs. Legal definition – The appellant was convicted for house trespass and rape of a minor – The defense contended that the medical officer (PW-9) opined only an "attempt" to have sexual intercourse was made, th...