Criminal Law – Quashing - Drugs and Cosmetics Act – Testing of Non-Pharmacopoeial Drug – Disputed Factual Matrix – Quash Denied - The Company (A1) challenged the testing method used to declare ‘Omnigel’ as ‘Not of Standard Quality’ claiming non-compliance with 2008 departmental guidelines – Court held the testing method and applicability of Rul...
Suo Motu - POCSO Cases – Setting Up of Exclusive Courts – Implementation of Judicial Directives – Compliance Directed - The Court directed that each district with more than 100 POCSO cases must establish exclusive courts under a Central scheme with appropriate staffing and child-friendly infrastructure – Majority of States complied but high-pendency States (UP, WB, Bihar, T...
Criminal Law – Robbery – House Trespass – Threat – Conviction Sustained After 24 Years – Petitioners convicted under Sections 382, 454, and 506 IPC for armed robbery at commission agency office—Appeal dismissed in 2008 and revision pending since—Held: Conviction based on credible and corroborated eyewitness testimony; minor contradictions did not impair re...
Anticipatory Bail – Sections 318(4), 319(2), 336(2), 336(3), 338, 340(2), 61(2) of the BNS - Fraudulent Sale Deed – NRI Property – Active Complicity Alleged – Petitioners sought anticipatory bail in a case involving impersonation and fraudulent execution of sale deed of NRI-owned land—High Court found petitioners actively facilitated fraud by verifying identity ...
Criminal Law – Section 307 IPC – Grievous Injury but No Intention to Kill – Conviction Modified – Appellants convicted for attempt to murder based on head injuries caused by hard and blunt object – Court found no intent or knowledge to cause death, no incised wounds, no bony fractures – Held: Injuries though grievous and dangerous to life, lacked ingredients for...
Criminal Revision - Domestic Violence – Shared Household – Relief under Section 18,19, 26, 36 of the Domestic Violence Act (DV Act) – 84-year-old mother alleged domestic violence by son and sought his removal from shared household – Magistrate allowed the prayer, but appellate court reversed the order citing pending civil suit and lack of direct evidence – Held: Relie...
Criminal Law - Anticipatory Bail – Conflicting Versions by Minor – FIR Under Section 376 IPC and Section 6 POCSO Act – Petitioner not named in initial FIR, which alleged rape by victim’s father—Later statement changed accusation to petitioner, a neighbourhood barber—Held: Considering conflicting versions of the victim and that petitioner joined investigation, cu...
Criminal Law - Dowry Death – Applicability of Section 304-B IPC – Conviction Upheld – The deceased died an unnatural death within 1 year and 4 months of marriage due to traumatic brain injuries – Consistent testimonies from father and brothers of the deceased established dowry harassment and monetary demands by the accused-husband – Held: Essential ingredients of Sect...
Criminal Law - Murder/Assault – Three Incidents – Culpable Homicide – Evidence Established – The appellants were involved in a series of assaults over a land dispute involving livestock, with the final incident leading to the death of the complainant’s father – Prosecution established three distinct incidents on 16.08.1983 through ocular and medical evidence &nd...
Bail Petition – Violation of Right to be Informed of Grounds of Arrest – Non-Compliance with Article 22(1) – Bail Granted – The petitioner challenged his custody citing violation of constitutional and statutory rights at the time of arrest – The Court found that the grounds of arrest were not communicated in writing as mandated under Article 22(1) and recent Supreme C...