Criminal Law – Quashing - Preventive Detention – Challenge to Detention Order – validity of a detention order issued under the Maharashtra Prevention of Dangerous Activities Act (MPDA Act) against the petitioner, Nilesh Sunil Pendulkar. The order was challenged on several grounds, including delay in issuance, non-consideration of bail orders, and violation of constitutional right...
Custody of Child – Welfare of Minor – The paternal grandparents sought custody of their minor grandson, whose parents passed away during the Covid-19 pandemic – High Court had handed over custody to the maternal aunt – Supreme Court reversed this decision, emphasizing the emotional and loving care provided by paternal grandparents – Grandparents' ability to provid...
Summoning of Additional Accused - Challenge against the summoning order under Section 319 Cr.P.C. by the petitioners in a case of alleged assault and death - FIR registered for various offenses including murder, rioting, and criminal conspiracy - Petitioners exonerated in initial investigation but summoned based on complainant's statement. [Paras 1-2]
Investigation and Final Repor...
Criminal Law – Sole Witness Testimony – The conviction of the appellants was based on the sole testimony of Amol Singh (P.W.6) – Supreme Court held that when a witness is "wholly reliable," conviction or acquittal can be based on such testimony – Conversely, if a witness is "wholly unreliable," neither conviction nor acquittal can be based on their testi...
Criminal Law – Multiple Dying Declarations – The appellant was convicted for the murder of his wife based on her dying declarations – The Supreme Court noted that while dying declarations hold significant evidentiary value, their reliability must be scrutinized, especially when there are inconsistencies – Court found substantial procedural lapses in recording the dying decl...
Criminal Procedure Code – Quashing of FIR – Petition under Section 482 CrPC – Kalandra under Section 182 IPC against petitioners (complainant and shadow witness in a bribery case) – Allegation of giving false information and resiling from initial statement – Competent authority denied sanction for prosecution – Kalandra and consequent proceedings quashed. [Paras...
Criminal Law - SCST Act – Acquittal - Factual Background and Conviction by Trial Court – Hari Singh was convicted under Section 3(1)(x) of the SC/ST Act for insulting Dhanna Singh, a person of Scheduled Caste, during a panchayat meeting on 20.07.2000 – Conviction based on statements from PW1, PW2, and PW3, who alleged derogatory caste-related remarks were made by the appell...
Bail and Surety Bond Forfeiture – Unwarranted Issuance of Non-Bailable Warrants – The trial court's mechanical issuance of non-bailable warrants against the appellant, Major Singh, on account of his single absence on 20.12.2022, challenged – Petitioner contends violation of procedure prescribed under CrPC Sections 73, 82, and 446. [Paras 3, 6-7, 9, 13, 27, 29-30]
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Anticipatory Bail – Denial of anticipatory bail in a case involving economic offences and corruption – Petitioner, a revenue official (Patwari) involved in a land compensation fraud under the National Highway Act 1956 – Custodial interrogation necessary to uncover the extent of the conspiracy and financial implications – Bail denied due to the gravity of the offences and th...
Anticipatory Bail Application – Petitioner, a Horticulture Development Officer, sought anticipatory bail in FIR for corruption and forgery in land acquisition process – Alleged involvement in assisting in wrongful compensation claims for fruit trees during land acquisition by GMADA – Interim bail granted earlier, subject to conditions, but opposed by the state citing serious alle...