Criminal Law – Dying Declarations – Conviction based on dying declarations – If the Court is satisfied that the dying declaration is true and voluntary, it can base its conviction on it without corroboration – Case involved two dying declarations, one recorded by a police officer and another by a Magistrate – Trial Court convicted based on Magistrate's dying decla...
Criminal Law – Murder Conviction – The appellant was convicted for the murder of Muthu due to an altercation over non-payment of electricity bills. The prosecution relied on eyewitness testimony to establish that the appellant attacked the deceased with a billhook, causing fatal injuries. The Supreme Court upheld the conviction under Section 302 IPC, rejecting the defense's argumen...
Criminal Law – Maintenance for Divorced Muslim Women – Appeal challenging reduction of interim maintenance from INR 20,000 to INR 10,000 per month – Appellant argued applicability of the Muslim Women (Protection of Rights on Divorce) Act, 1986 over CrPC – High Court upheld maintainability of maintenance under CrPC – Supreme Court affirmed, highlighting the continued e...
Habeas Corpus Petition for Personal Liberty – Evaluation of a woman ('X') under illegal detention by her parents – Claims of intimate relationship between the appellant and 'X' – High Court orders for interaction and counselling of 'X' – Subsequent appeal to the Supreme Court challenging the High Court's directive [Paras 2-5].
Indepe...
Cheque Bounce - Petitioner's Challenge to Trial Court and ASJ's Decision – Conviction under Section 138 of the NI Act for dishonoring cheques worth Rs. 16,00,000/- in a property sale transaction – Appeals dismissed by ASJ, conviction upheld by the High Court. [Paras 4-5, 14, 24-31]
Facts and Allegations – Petitioner (Mohd Akil) alleged to have issued dishonor...
Misuse of Criminal Proceedings in Commercial Dispute – Appeal against frivolous criminal proceedings initiated for personal vengeance in a civil matter – Accusations of cheating and forgery in a financial transaction between corporate entities – Abusing legal system by disguising a commercial dispute as a criminal case, leading to unnecessary litigation and misuse of judicial res...
Anticipatory Bail in Economic Offenses – Fraudulent Input Tax Credit Claim – Involvement of Chirag Goel and Chaman Goel in a GST Input Tax Credit fraud of Rs.200 crores – Accused obtained anticipatory bail which was challenged by the Directorate General of GST Intelligence (DGGI) due to the serious nature of the economic offense and the attempt by Chaman Goel to leave the country...
Criminal Law – Bail Granted by High Court Upheld by Supreme Court – Challenge by Union of India against Jharkhand High Court's order dated 30.01.2023 granting bail to the respondent, Mrityunjay Kumar Singh, involved in the Chandwa police attack case – Supreme Court found no strong prima facie case against the conditions of bail being violated and noted no substantial material...
Allegations of Sexual Assault and Subsequent Marriage – FIR against Maksood Ahmad alleging sexual assault under Section 376 IPC – Later marriage between the accused and the prosecutrix post FIR registration and religious conversion of the prosecutrix - Scrutiny of the marriage's validity and motives behind conversion and marriage. [Paras 1-3, 5, 60-62, 64-70, 112]
Lega...
Criminal Law – Demand and Acceptance of Bribe – Appellant, a Forest Section Officer, convicted for demanding and accepting bribe – Prosecution alleged that the appellant demanded Rs. 5,000 as bribe from the complainant, a saw-mill operator, to refrain from booking a case for illegal possession of teakwood – The complainant's testimony contradicted by call detail records...