Criminal Law – Default Bail – Right to Default Bail under Section 167(2) CrPC arises only if the charge-sheet has not been filed before the expiry of the statutory period – Supreme Court held that the filing of the charge-sheet within the stipulated period is sufficient compliance with Section 167(2) CrPC, and taking of cognizance is not material for this purpose – The High...
Supreme Court Acquits Accused in NDPS Act Case – Detailed Analysis of Procedural Non-Compliance – Supreme Court overturns conviction of Smt. Najmunisha and Abdul Hamid Chandmiya in narcotics case under NDPS Act. Elaborates on failures in lawful search and seizure, highlighting non-compliance with mandatory procedural requirements of Sections 41 and 42 of the NDPS Act. Identifies flaws ...
Acquittal - Dishonor of Cheques – Section 138 of the Negotiable Instruments Act, 1881 – Criminal Appeals against Acquittal in Cheque Dishonour Cases - Appeals against High Court judgment upholding acquittal of respondent for offences under Section 138 of the Negotiable Instruments Act. Petitioner, a partnership firm, alleged issuance of cheques by respondent that were dishonoured due t...
Unit Headquarters Quota Recruitment – Recruitment under Unit Headquarters Quota for Indian Army – Instructions allowed enrollment of certain priority categories, including general category candidates – Appellants recruited by Maratha Light Infantry Regimental Centre (MLIRC) under this quota. [Para 2, 17]
Dismissal for False Certificates – Appellants served show...
Criminal Law – Murder vs. Culpable Homicide – The accused attacked the deceased with multiple blows using a "Phakadiyat" on the head, resulting in severe injuries including a skull fracture – Supreme Court held that the case falls under Clauses Thirdly and Fourthly of Section 300 IPC – High Court's judgment altering the conviction from murder to culpable homic...
Conversion from Section 302 to Section 304 Part II IPC – Appellant’s sentence modified – Special Leave Petition partly allowed – The Supreme Court, after examining the details of the case, finds merit in the argument that the appellant's action leading to the death of the deceased was without intent to kill. The Court alters the conviction from Section 302 (Murder) to S...
Criminal Law – Arrest and Interim Bail – Appeal challenging arrest upheld by lower courts – Interim bail granted due to ongoing general elections and pending legal examination of arrest's validity – Supreme Court examined interim bail/release due to Arvind Kejriwal’s role in ongoing general elections, holding that ignoring peculiar circumstances would be inequitab...
Conviction for Murder and Disappearance of Evidence – Conviction of the appellant under Sections 302 and 201 of IPC for murder of Sushildhar Dubey – Sentenced to life imprisonment by Sessions Court and confirmed by High Court – Based on circumstantial evidence. [Para 1]
Factual Background – Appellant and deceased were related and cohabitants of village Amgoan &...
Criminal Law – Conviction for Murder – The appellants were convicted for the murder of two individuals, caused by multiple bullet injuries – Supreme Court upheld the conviction under Section 302 IPC and Section 25 of the Arms Act – High Court’s judgment modified the trial court's conviction by acquitting the appellants under Section 307 IPC due to the lack of evid...
Custodial Death – Conviction and Sentencing – Appellant (A1) and co-accused (A2) were convicted by the trial court under Section 302 read with Section 114 IPC for causing the death of the deceased, Jeeva, through physical violence in police custody – High Court altered the conviction to Section 304 Part I IPC, sentencing A1 to eight years rigorous imprisonment and a fine – ...