Domestic Violence Act – Section 2(f) – “Relationship in the Nature of Marriage” – Live-in Relationship with Married Man – Not Maintainable – Petitioner claimed reliefs under PWDVA alleging marriage and long-standing cohabitation with Respondent No.1 during subsistence of his first marriage – Evidence of joint property purchase, financial arrangements...
Criminal Law – Bail – Accused summoned under Section 319 Cr.P.C. – Parameters for grant of bail – Appellant named in FIR but not charge-sheeted – Subsequently summoned as accused on application under Section 319 Cr.P.C. based on deposition of eyewitnesses – Appellant arrested pursuant to non-bailable warrant and bail rejected by High Court – Held: While co...
Criminal Law – Culpable Homicide – Distinction between Murder and Culpable Homicide not amounting to Murder – Sections 299, 300 and 304 Part II IPC – Appellant convicted for causing death of deceased by a single lathi blow on head during a sudden group clash – No premeditation or common object established – Incident arose out of a sudden quarrel and free fight b...
Criminal Law – Murder and Theft – Circumstantial Evidence – Acquittal – Prosecution case rested entirely on circumstantial evidence – No eyewitnesses to the occurrence – “Last seen” theory not proved as material witnesses (P.Ws.6 to 16) turned hostile – Held: In absence of complete chain of circumstances, conviction under Sections 302 and 379 I...
Negotiable Instruments Act – Section 138 – Multiple Cheques – Same Underlying Transaction – Distinct Causes of Action – Complainant entered into Agreement to Sell with accused firm – On failure to execute sale deed, multiple cheques issued by firm and proprietor from different accounts on different dates – Each cheque presented separately and dishonoured i...
Criminal Law – Human Trafficking – Cybercrime – Job fraud involving trafficking of Indian citizens to Myanmar where they were held as cyber slaves – Applicants allegedly acted as intermediaries facilitating communication between job seekers and foreign agents in return for commission – Held: Applicants were minor players, unaware of the full consequences – Bail ...
Criminal Law – Corruption – Disciplinary Proceedings and Criminal Prosecution – Independence of Proceedings – Allegation of demand and acceptance of bribe by Executive Engineer – Successful trap laid by ACB – Departmental enquiry ended in exoneration – High Court quashed criminal proceedings relying on Radheshyam Kejriwal – Held, disciplinary proceed...
Parole – Indigent Prisoner – Surety Bond – Repeated Mechanical Imposition – Waiver Directed – Life convict granted fourth periodical parole of 40 days – District Parole Advisory Committee imposed condition of furnishing two sureties of ₹25,000 each despite petitioner’s proven indigence and despite three prior orders of High Court waiving such condition &...
Criminal Law – Bail – Economic Offences – Prolonged Incarceration – Appellants accused of defrauding consortium of 17 banks through shell companies – Prosecution invoked serious charges under IPC and PC Act – Appellants in custody for over 5.5 years, over 2.5 years in the present case – Chargesheet over 4 lakh pages and 736 witnesses – Charges not ye...
Criminal Law – FIR – Jurisdiction of Police Station – Anti-Corruption Bureau – High Court quashed FIRs registered under PC Act on ground that ACB Central Investigation Unit, Vijayawada was not notified as police station under Section 2(s) CrPC – Held: Approach hyper-technical and unsustainable – Declaration of ACB offices as police stations under G.O.Ms. No.268 ...