Criminal Procedure Code, 1973 – Revisional Power – Opportunity of hearing to proposed accused – Violation of sub-section (2) of Section 401 of the Code – Appellants contend that while exercising revisional power, the High Court should have given opportunity of hearing to the proposed accused as they would be prejudiced by the order – Appellants rely on the interpretat...
Negotiable Instruments Act, 1881 - Section 138 - Offence of Dishonour of Cheque - Compounding of Offences - Consent of Complainant - Dishonour of Cheque - Petitioners filed an application for compounding of the offence under Section 138 of the Negotiable Instruments Act, 1881 - Lower courts dismissed the application for compounding - Petitioners contended that they were willing to pay the entire c...
Withdrawal of Petition – Petitioner seeks withdrawal of the special leave petition after initial arguments – Petition dismissed as withdrawn with observations on the need for uniformity in handling bail applications. [Para 1]
Bail and Parity among Co-Accused – Case founded on claim of parity in bail, contrasting petitioner’s denial of bail with co-accused’s grant b...
Criminal Procedure – Quashing of FIR – High Court issued oral directions to restrain arrest without written order – Supreme Court highlights that oral observations are not part of judicial record – Written orders are binding and enforceable – Administration of criminal justice involves public interest, not just a private matter between parties – Oral directions ...
Criminal Law – Summoning Additional Accused – Section 319 CrPC – Appellant challenged the High Court's decision rejecting his application to summon additional accused under Section 319 CrPC – Supreme Court held that powers under Section 319 CrPC can be exercised at any stage before the trial concludes – High Court and Trial Court erred in not summoning additional ...
Criminal Appeal – Conviction for Culpable Homicide Not Amounting to Murder – Appellant challenging High Court's judgment modifying conviction from murder to culpable homicide under Section 304 Part II, IPC – review the evidence and High Court's findings. [Para 1, 8]
Prosecution Case – Incident of Assault and Subsequent Death – Prosecution alleging appellant...
Murder – Evidence – Recovery of Weapon – Disclosure Statement – Once recovery is made in pursuance of a disclosure statement by the accused, the matching or non-matching of blood groups loses significance – High Court’s error in presuming scientific evidence without matching blood stains with the deceased's blood – Conviction and sentence set aside [Pa...
Reservation – Successor States – Bifurcation of Bihar – Appellants originally from Bihar, residing and serving in Jharkhand post-bifurcation – Contention over entitlement to reservation benefits in Jharkhand – Supreme Court held appellants entitled to reservation benefits in Jharkhand based on Section 73 of the Bihar Reorganisation Act, 2000 – Appellants cannot ...
§ Sexual harassment inquiry - Procedure to be followed - Importance of fair and impartial inquiry process - Inadequate understanding by the Executive Council (EC) of the role of the first committee as an inquiry authority - Procedural lapses in the subsequent inquiry proceedings - Violation of principles of natural justice - Decision to terminate services quashed. (Para 1, 70-72)
§ Co...
Criminal Law – Test Identification Parade (TIP) – Necessity – Appellant contended that the prosecution failed to conduct a TIP – Supreme Court held that TIP was unnecessary as the appellant was known to the witnesses and was specifically identified by them during the trial – Identity of appellant established through eyewitness testimonies, corroborating his involvemen...