Bail – Jurisdiction of Magistrate – Offences under SC/ST Act and IPC Section 409 – Bail Order Set Aside - The learned Magistrate rejected remand of accused but also granted bail in offences triable by Sessions/Special Court including under SC/ST Act and Section 409 IPC – Held: Though rejection of remand was within discretion of Magistrate, granting bail was beyond jurisdict...
Criminal Law – Quashing - Facts – Appellant-wife lodged complaint alleging physical and verbal abuse, dowry harassment, and assault involving chilli powder, stones, and slippers by husband and in-laws—Charge sheet filed with support from medical report and independent witness—Earlier, a co-ordinate bench refused to quash proceedings against in-laws, but a later bench quashe...
Criminal Law – Murder – Appeal Against Conviction - Second FIR – Procedural Illegality – Invalid Re-Investigation – The second FIR was registered by Baguihati PS instead of continuing under Section 173(8) CrPC after a closure report on the first FIR – Held: Magistrate's order must be treated as further investigation on the original FIR – The second FIR...
Criminal Law – Framing of Charges – Standard at the Stage of Framing – Prima Facie Case Sufficient - The Court clarified that at the stage of framing charges, detailed evaluation of evidence is not warranted; a prima facie view suggesting the accused might have committed the offence is sufficient – Charges framed against petitioners upheld [Paras 42-45].
Prevention of Co...
Matrimonial Law - Maintenance under DV Act – Validity of Waiver Clauses – Agreement Not Enforceable – Despite the marital settlement agreement (Annexure A2) purporting to waive maintenance, such waiver was held unenforceable being opposed to public policy – Held: The wife’s statutory right to maintenance cannot be waived, and she is entitled to seek maintenance notwit...
Dishonour of Cheque – Presumption of Legally Enforceable Debt – Section 138 NI Act – Conviction Upheld - The accused admitted issuance of cheque but claimed it was issued blank as security – Held: Admission of signature leads to presumption of consideration under Section 139 NI Act, which the accused failed to rebut by sufficient evidence – Defence witness' testim...
Criminal Law - Anticipatory Bail – Property Dispute – Forcible Entry Allegations – Bail Granted with Stringent Conditions - Petitioners accused of engaging lawyers to forcibly take possession during a property dispute under the guise of an injunction order – Court noted prima facie evidence suggesting misconduct by lawyers acting as henchmen – Held: Arrest not require...
Criminal Law - Death Penalty – Inadequate Legal Representation – Violation of Article 21 of Constitution – De novo Trial Ordered - The Court found that the convict was deprived of adequate legal assistance throughout the trial due to frequent change of legal aid counsel, perfunctory cross-examinations, and failure to provide proper defence – This amounted to a violation of ...
Criminal Law – Honour Killing – Caste Bias – Brutal Murder of Inter-caste Couple – Convictions Upheld – Victims, a Dalit boy and a Vanniyar girl, were forcibly administered poison by family and community members due to opposition to their marriage – Deaths concealed initially with police connivance – Trial Court convicted 13 accused including 2 police offi...
Criminal Law - Challenge Rejection of Sanction for Prosecution – Scope of Section 197 CrPC – Requirement of Sanction – Dismissal Upheld - Petitioner, a police officer, sought protection under Section 197 CrPC contending that criminal prosecution without prior sanction was impermissible – Court held that sanction protection is available only for acts reasonably connected wit...