Application for Leave to Appeal Against Acquittal – Filed under Section 378(3) of Cr.P.C. against acquittal in a case under the N.D.P.S. Act – Accused acquitted by the Special Judge, N.D.P.S. Act, Neemuch, in Special S.T. No.32A/2018. [Para 1]
Facts of the Case – Secret information led to the interception of co-accused Indarmal with 2 Kg 600 grams of opium – Re...
Criminal Law – Bail – High Court granted bail to respondent-accused based on parity – Supreme Court reversed this decision – Emphasized that bail should not be granted mechanically and must consider the nature of the offence, severity of punishment, and prima facie involvement of the accused – Highlighted the need for reasoned orders reflecting judicial discretion and...
1. Criminal Law - Revision - Concurrent finding of conviction - Petitioner convicted under Sections 304-A IPC - Appeal dismissed - Revision against the concurrent finding of conviction - Petitioner acquitted based on the defense's version being highly probable - Benefit of doubt given to the accused. [Para 13]
2. Criminal Law - Evidence - Eyewitness testimony - Analysis of stateme...
Criminal Law - Quashing FIR - Challenging FIR and Proceedings – Petitioners, school authorities of Vivekanand School, challenged FIR and subsequent criminal proceedings related to the suicide of a student post admonishment for misconduct. [Paras 1-2, 4-5]
School Discipline and Social Control – Discussion on social control methods in schools; citing sociological theories an...
Criminal Law – Applicability of MCOCA – The High Court upheld the invocation of MCOCA against the appellant, who was involved in multiple cases of organised crime with the objective of gaining pecuniary and other advantages. The Supreme Court confirmed that the organised crime activities included violence, threats, and other unlawful means, satisfying the requirements under Section 2(1...
Criminal Law – Cognizability of Offence under Copyright Act – High Court held offence under Section 63 of the Copyright Act as non-cognizable, thus quashing criminal proceedings. Supreme Court overturns this, asserting the offence is cognizable and non-bailable. The punishment extends up to three years; thus, it falls under cognizable offences per Part II of the First Schedule of Cr.P....
Bail application - Suspension of sentence and enlargement on bail - Applicant convicted under sections of the Unlawful Activities (Prevention) Act (UAPA) - Applicant seeks bail pending appeal - Applicant's counsel argues lack of evidence supporting allegations - Prosecution relies on confessions, call detail records (CDRs), and an email as evidence - Absence of Section 65B Certificate for elec...
*** Criminal Procedure - Re-trial - Additional evidence - Exceptional circumstances required for ordering re-trial - Re-trial to be ordered only in cases where the trial Court lacked jurisdiction, or serious illegalities or irregularities vitiated the trial, or material evidence was prevented from being tendered - Proper course for Appellate Court to resort to Section 391 of the Cr.P.C. ...
Domestic Violence Act - Maintenance - Scope - Application for maintenance filed under Section 12 of the Domestic Violence Act by the divorced Muslim woman - Whether maintainable - Held, the subsequent decree of divorce does not absolve the liability of the respondent from the offence committed or deny the benefits to which the aggrieved person is entitled under the Domestic Violence Act - Aggrieve...
Criminal Procedure Code, 1973 - Section 319 - Summoning of Additional Accused - Prima facie evidence - Invocation of jurisdiction - Test to be applied - Parameters laid down by Supreme Court - Whether evidence, if un-rebutted, would lead to conviction - Held, the application of Section 319 Cr.P.C. requires evidence that, if un-rebutted, would lead to conviction - A mere prima facie case, as exerci...