Facie Case Under Section 289 IPC – Quashing Denied – Complaint alleged attack by 10–12 unchained pet dogs resulting in injury to complainant – Petitioner disputed ownership and claimed possession of only one dog – Court held that allegations indicated potential negligent omission attracting Section 289 IPC – Charge-sheet based on witness statements including Nit...
Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Sections 302 and 307 read with Section 149 IPC and Section 3(1) of Tamil Nadu Prevention of Damage to Public Property Act – Trial Court and High Court upheld conviction based on testimonies of PW-1, PW-2 and PW-9 and corroborative material including fingerprint and recovery evidence – Supreme Co...
Criminal Law – Supplementary Evidence – Production of CDs at Trial – Permissible Omission – Upheld – CDs seized before filing of original chargesheet but not produced due to inadvertence – Supplementary chargesheet filed with forensic report but without CDs – Supreme Court held omission not fatal – CDs could be produced later with court’s...
Criminal Law – Legality of Arrest – Habeas Corpus – Grounds of Arrest Provided – Appeal Dismissed - Appellant challenged arrest of his son as illegal under Article 22(1) and Section 47 of BNSS – Alleged non-disclosure of meaningful grounds of arrest and absence of sanction under Section 17A of PC Act – Supreme Court held: Grounds of arrest were communicated in s...
NDPS Act – Scope of Section 8 – Buprenorphine Hydrochloride Held to Fall Within Prohibited Substances – Interpretation Upheld – Dealing in psychotropic substances listed under the Schedule to the NDPS Act is prohibited, irrespective of their absence from Schedule I of the NDPS Rules – Sanjeev V. Deshpande clarified the true intent of the legislature and correctly over...
Matrimonial Law – Transfer of Matrimonial Case – Divorce by Mutual Consent – Petition under Section 25 CPC – Allowed in part - The Supreme Court exercised its power under Article 142 to dissolve the marriage between the parties despite pending transfer petition – Mutual consent for divorce recorded, and transfer petition was accordingly disposed of [Paras 1-3, 10-11, ...
Criminal Law - Rash and Negligent Driving – Conviction under Section 304A IPC – Sentence Modified – The appellant was convicted for causing death by rash and negligent driving – Trial Court sentenced him to six months’ imprisonment – Conviction affirmed by the First Appellate Court and High Court – Supreme Court upheld conviction but modified sentence by a...
Criminal Law - Juvenile Justice Act – Quashing - Applicability of Section 75 – Actual Charge or Control Requirement – Charge Quashed – The appellant, Chairman of the Managing Committee of a school, was summoned under Section 75 of the JJ Act for failure to install CCTV cameras as per Guidelines issued by the Directorate of Education following an incident of sexual assault o...
Criminal Law - Juvenile Justice – Conflict of Jurisdiction – JJ Act Overrides NIA Act – Trial by Children’s Court – Juvenile charged under UAPA and other severe laws—Despite being tried as adult under Section 18(3) JJ Act, Court held: JJ Act, 2015 has overriding effect over all laws including NIA Act—Trial must proceed before Children’s Court, not Sp...
Criminal Law – Sections 303, 307 & 34 of the IPC – Appeal Against Conviction - Suppression of Exculpatory Evidence – Violation of Fair Trial – Acquittal Ordered – Appellants convicted of murder and attempted murder under IPC Sections 302 and 307 based on eyewitness testimonies of PW-4, PW-5, and PW-6 – However, affidavits submitted by PW-5, PW-6, and i...