Negotiable Instruments Act – Interim Compensation – Prospective Effect of Section 143A – Amendment introducing Section 143A is prospective in operation – Provision applies only to complaints filed after its enactment on 01.09.2018 – Imposition of interim compensation on complaints filed prior to this date is impermissible – Held: Legislative intent and settled p...
Criminal Law – Anticipatory Bail – Section 14A of SC/ST Act, 1989 – Maintainability – Petitioners sought anticipatory bail for offenses under IPC and SC/ST Act – Respondent argued bar under Sections 18 and 18A of SC/ST Act on anticipatory bail – High Court held that where allegations prima facie disclose offenses under the SC/ST Act, anticipatory bail petitions ...
Criminal Law – Murder Conviction – Acquittal – Appeal by Accused under Section 302 IPC – The appellants were charged for the murder of Anoop at Nettayam Junction on 08.07.2010 – The first accused inflicted fatal injuries with a chain saw, while the second and third accused allegedly assisted in furtherance of common intention – Trial court convicted all accused ...
Criminal Law – Quashing - Breach of Contract – Civil Nature – Ingredients of Cheating Absent – FIR Quashed – The petitioner failed to appear as a guest artist at agreed events despite receiving an advance payment. The court held that mere breach of contract without fraudulent or dishonest intention at the outset does not constitute the offence of cheating under Sectio...
Criminal Conspiracy - Bail Application – Petitioner accused of involvement in an international conspiracy with links to Pakistan's ISI – Investigation revealed monetary transactions in the petitioner’s account at the direction of a Pakistani national – Held: Prima facie evidence indicates involvement in a network involving foreign intelligence officers, raising concerns...
Criminal Writ - Challenge to the opening of Class-B history sheets – Regulation 228 of U.P. Police Regulations – Procedural Irregularities – Impugned Order Quashed – Petitioners challenged the opening of Class-B history sheets approved by the Deputy Commissioner of Police, Greater Noida – The Court found that the order was passed without applying mind, merely approvin...
Criminal Law - Section 91 CrPC – Issuance of Summons Without Investigation – Quashed – Summons issued by the Anti-Corruption Bureau (ACB) under Section 91 CrPC were challenged on the ground that they were issued in the absence of any pending investigation, inquiry, or trial. The court held that Section 91 can only be invoked during a lawful investigation, inquiry, or trial under ...
Quashing of Criminal Proceedings – Rejection of 'B' Report – Cognizance of Offences – No Interference - The petitioners challenged the rejection of two 'B' reports by the Magistrate and the taking of cognizance of offences under Sections 120B, 403, 406, 409, 410, 420, 468, and 471 IPC, alleging that the dispute was civil in nature – Held: The Magistrate'...
Criminal Law – Conviction and Sentencing – Sections 302, 307, 394 IPC – Injured Witness Evidence – Appellants convicted for the murder of Vishnu and causing grievous injuries to Anoop – Trial Court relied on eyewitness testimony of PW8 (injured) and corroborating circumstantial evidence – Appellants argued discrepancies in scientific evidence, absence of blood m...
Criminal Law – Conviction Based on Ballistic Evidence – Appellant Wazir Singh challenged his conviction for murder and arms possession – Trial court’s decision upheld based on ballistic expert’s testimony linking the recovered bullet to the appellant’s firearm – Eyewitnesses turned hostile, failing to identify the appellant – The court emphasized the...