Dowry Death – Quashing of Chargesheet – FIR named multiple family members without specific allegations – Appellants (brother-in-law and mother-in-law of the deceased) had alibis, with the brother-in-law at work 40 km away at the time of the incident – Postmortem revealed asphyxia as cause of death with no external injuries except ligature mark – High Court's order...
Summoning Order – Quashing – Appellant, a director of M/s. Writer Safeguard Pvt. Ltd., challenges the summoning order issued under the Minimum Wages Act for non-compliance with statutory provisions – Supreme Court quashes the summoning order, emphasizing the requirement of specific averments to establish vicarious liability and procedural propriety in issuing summons [Paras 1-33]...
Investigation and Authorisation – Validity of Delegation – Appellant challenges the quashing of criminal proceedings by the High Court – Supreme Court upholds the validity of the authorisation given to an inspector under the second proviso to Section 3 of the J&K Prevention of Corruption Act, 2006 – Distinguishes the case from Bhajan Lal, clarifying that the second prov...
Criminal Appeal – Appeal against conviction under Section 302 of IPC – Accused-appellant challenges his conviction for intentional firing resulting in the death of a constable – Accused-appellant claims accidental firing – High Court confirms conviction – Appeal filed in Supreme Court. (Para 1)
Factual Background – Appellant was a guard at a police station &n...
Bail Cancellation – Specific Allegations – Appellant challenges the High Court's decision to grant bail to the second respondent – Supreme Court finds specific allegations that the second respondent aided the crime by providing information to the killers and was involved in the conspiracy – High Court's failure to consider the seriousness of the crime and the role a...
CRIMINAL APPEAL– ACQUITTAL - Central Bureau of Investigation (CBI) as the appellant – Shyam Bihari & Others as the respondents – Appeal against the judgment and order of the High Court of Uttarakhand at Nainital dated 26.07.2012 – Delay in preferring the appeal condoned – Application seeking leave to appeal rejected – Acquittal of the accused by the trial co...
Abetment of Suicide – Section 306 IPC – Appellant challenges the High Court's decision to quash the FIR and investigation into the alleged abetment of suicide by the respondent – Supreme Court emphasizes that the suicide note detailed the role of the accused in events leading to the deceased’s suicide, warranting investigation and possible trial – High Court's...
Detention Order – Procedural Safeguards – Appellant challenges the detention order for delays in considering the representation and failure to communicate the decision – Supreme Court quashes the detention order, emphasizing the constitutional right under Article 22(5) for expeditious consideration of the representation by the appropriate government – Holds that both Centra...
Right to Notice – Mandatory Nature – Appellant challenges the grant of bail to the first respondent on the grounds that mandatory notice under sub-sections (3) and (5) of Section 15A of the SC/ST Act was not issued – Supreme Court emphasizes the mandatory nature of these provisions, ensuring victims' right to notice and to be heard – The failure to issue notice invalida...
Conviction under Section 397 IPC – Requirement of Use of Deadly Weapon – Appellants challenge their convictions for not personally using deadly weapons during the commission of the robbery – Supreme Court upholds the need for the individual offender to have used the deadly weapon to be convicted under Section 397 IPC – Convictions under Section 397 IPC set aside, appellants...