Criminal Law – Quashment of Proceedings – Settlement Not a Ground for Quashment in Serious Offences – Petitioner sought quashment of proceedings based on an affidavit by the victim, now of majority, stating no grievance at present. The court held that for serious offences such as rape, quashment on the basis of settlement cannot be entertained. High Court emphasized that serious ...
Criminal Law - Application under Section 156(3) Cr.P.C. – Jurisdiction of Magistrate at Post-Cognizance Stage – Complaint Upheld, Further Investigation Denied - The petitioner sought an order directing fresh investigation under Section 156(3) Cr.P.C. based on alleged mishandling of the original investigation by the Special Investigation Team (SIT) – Magistrate treated the protest...
Criminal Law – Cheating and Criminal Breach of Trust – Petitioners accused of inducing the respondent to supply goods based on false promises and then failing to make full payment – Trial court issued summons based on prima facie evidence – High Court finds no fraudulent or dishonest inducement at the beginning of the transaction, and the disputes are purely civil in nature...
Criminal Law – Section 138 of the N.I. Act – Issuance of Security Cheques – Legal Enforceability:
Petitions filed to quash criminal proceedings under Section 138 of the Negotiable Instruments Act – Cheques issued by petitioners as security for employment contracts – Petitioners argued no legally enforceable debt existed at the time of issuance – Respondents con...
Interim Maintenance – Property Ownership Not Determinative – Petitioner, despite owning a gifted two-storied building, lacks independent income – Magistrate erroneously concluded property alone suffices for maintenance – Gifted property does not negate husband’s statutory obligation to provide maintenance if wife lacks her own income – Claim for interim maintena...
Criminal Law – Quashing of Proceedings – Proceedings under Sections 406/506/120B IPC sought to be quashed by petitioners – Dispute over unpaid rent for scaffolding material provided during a construction project – Petitioners argued the issue is purely civil and there is no criminal breach of trust or intimidation – Held, no prima facie case for criminal charges &ndas...
Contempt of Court – Social Media Remarks – Prima Facie Frustration – Proceedings Dropped – Respondent-Contemnor, an advocate, faced contempt proceedings initiated upon a reference alleging derogatory remarks against a Judicial Magistrate posted on social media – Remarks allegedly made in retaliation to judicial custody order passed during criminal proceedings – ...
Criminal Law – Kidnapping – Probation of Offenders – The appellant was convicted under Section 363 IPC and sentenced to three years of simple imprisonment and a fine of Rs.300/-. On appeal, the appellant did not contest the conviction but sought the benefit of probation under the Probation of Offenders Act, 1958. The court noted that the appellant had no prior criminal record and...
Section 156(3) Cr.P.C. – Requirement for Preliminary Enquiry – Petitioner filed a complaint under Section 156(3) Cr.P.C. with a request to refer it for preliminary enquiry – Judicial Magistrate, Sathankulam, returned the application citing non-compliance with procedural requirements – High Court noted that while petitioner lacked receipts for stolen motor pump set and wires...
Preventive Detention – Subjective Satisfaction of Detaining Authority – Judicial Review – Detention Order Quashed – The detaining authority failed to establish a live and proximate link between the grounds of detention and the alleged activities of the detenue – Subjective satisfaction was vitiated due to lack of material evidence and application of mind – Decis...