Election Petition – Filing Before Incompetent Forum – Limitation Not Condonable – Petition Barred – Petitioner’s election as Ward Member was challenged via an Election Petition filed before a forum lacking jurisdiction and re-presented after almost 2 years and 9 months – Held: Election Petition filed beyond the 30-day limitation was not maintainable; time spent ...
Criminal Procedure – Summoning Additional Accused – Section 319 CrPC – Summoning order set aside – Petitioners were summoned based on partial appraisal of evidence, relying only on the statement of injured witness Ajit Singh (PW-3) – Trial Court failed to consider complainant Chandi Ram’s (PW-4) testimony, which was material to conspiracy allegations – Sum...
Criminal Law - Appeal Against Acquittal – Interference Permissible – Miscarriage of Justice Avoided – Appellate court found trial court’s acquittal perverse due to misreading and omission of critical evidence – Held: Acquittal of accused 1 to 5 reversed, convictions recorded based on consistent and corroborated evidence [Paras 31-32, 58].
Eyewitnesses – Injur...
Industrial Dispute – Reference by Appropriate Government – Reference Held Defective – The court held that while referring the industrial dispute, the Appropriate Government worded the reference in a manner suggesting a pre-declared conclusion that the contract system is “sham and bogus” – This prejudiced the adjudication and restricted the Industrial Tribunal fr...
Criminal Law – Quashing - Cruelty under Section 498-A IPC – Taunts, Abuses and Alleged Assaults – Prima Facie Offence Made Out – Petition Dismissed – Wife alleged repeated physical and mental harassment including beatings, sexual violence, and dowry-related abuse – Court held that these allegations, if proven, could attract Section 498-A IPC and require adjudica...
Criminal Law - Murder – Eyewitness Testimony by Relative – Credibility Upheld – Conviction Confirmed - PW-10 Ram Pal, brother-in-law of the deceased, was an eyewitness – Court held that being a related witness does not by itself make him untrustworthy – His presence at the scene was natural, his testimony consistent and corroborated by medical and forensic evide...
Bail - Terror Funding and Secessionist Conspiracy – Section 43D(5) UAPA – Prima Facie Bar to Bail – Bail Denied – Appellant alleged to be part of a larger conspiracy with Hurriyat Conference members and banned terrorist outfits to orchestrate unrest and violence in Jammu & Kashmir – Evidence includes sting operations, letters from militant commanders, protected wi...
Criminal Law - Murder Trial – Oral Dying Declaration – Acceptable and Corroborated – Conviction Upheld – Deceased Sanjay, before succumbing to gunshot wounds, made a statement to his father and uncle identifying Lachhman as the assailant – Court held that oral dying declarations, if reliable and supported by medical evidence, are admissible – Consistent medical ...
Criminal Law – Quashing - Criminal Breach of Trust and Cheating – Prima Facie Allegations – Petition to Quash FIR Dismissed – The petitioner company had awarded a subcontract under a major irrigation project to a contractor who further sublet to the complainant – Despite knowledge and involvement, petitioners denied privity of contract – Held: Documents show sup...
Cheque Dishonour – Presumption under Section 139 N.I. Act – Conviction Ordered – The accused was acquitted by the Trial Court holding the defence of issuance of cheque towards a furniture transaction as probable – The High Court found that the accused failed to substantiate the existence of Somayaji Furniture or prove repayment – No proof of purchase, no examination o...