Negotiable Instruments Act – Dishonor of Cheques – Rebuttal of Presumption – Sections 118(a) & 139 NI Act – Accused Successfully Discharged Burden – Petitioner Failed to Prove Legally Enforceable Debt – Held: The respondent rebutted the presumption under Sections 118(a) & 139 of the NI Act by establishing that the cheques in question were not issued for ...
Criminal Law – Quashing - Insecticides Act – Retail Sellers Not Liable for Manufacturer’s Defects – Proceedings Quashed – The petitioners, who were retail sellers, stocked insecticides manufactured by a third-party company – The prosecution failed to establish that the petitioners had knowledge of the substandard quality or control over the manufacturing process...
Criminal Law – Robbery and Murder – Sections 394, 397 IPC – Conviction and sentence upheld – The appellant was convicted for armed robbery and murder along with co-accused – The prosecution relied on the testimony of three eyewitnesses, including an injured witness – The defense argued that the witnesses were interested parties and that the investigation was def...
Criminal Law – Murder - Appeal against acquittal - Circumstantial Evidence – Appellant was accused of murdering his wife - Burden on the Accused – Conviction Restored – When an offence occurs within the four walls of a house where only the accused and the deceased were present, the burden shifts to the accused under Section 106 of the Evidence Act to explain the circumstanc...
Criminal Law - Sections 366(A), 302, 201, 34 IPC – Appeal against conviction - Circumstantial Evidence – Incomplete Chain of Circumstances – Conviction Set Aside – The case was based purely on circumstantial evidence – The High Court discarded extra-judicial confession but convicted the appellant based on last seen theory and leading to discovery – The Supreme C...
Criminal Courts – No Inherent Power of Review – Exceptions Exist to Prevent Miscarriage of Justice – The petitioner contended that a criminal court lacks inherent power to review or recall its own orders, except in cases of clerical, typographical, or mathematical errors – The High Court reaffirmed this principle but held that exceptions exist where an order is passed due t...
Criminal Law – Possession of Contraband – Section 21 NDPS Act – Conviction Based on Official Witnesses – The appellant was convicted for possessing 10 grams of smack based on testimony of police officials – Held: Conviction under Section 21 NDPS Act is sustainable even in the absence of independent witnesses, provided the official witnesses are consistent and reliable...
Jurisdiction of Sessions Court – Power to Order Re-Investigation – Distinction between Further Investigation and Re-Investigation – The petitioner-hospital challenged the order passed by the Additional District & Sessions Judge-II/Special Judge (SC/ST Act), Gautam Buddha Nagar, directing re-investigation into its role while granting anticipatory bail to an accused doctor &nda...
Anticipatory Bail – Grant of Bail for Non-Bailable Offenses – Violation of Supreme Court Precedent – Bail Upheld – The petitioner challenged the order granting anticipatory bail to respondent no. 2 despite bailable warrants being issued against him – Contended that the order violated the Supreme Court's ruling in Srikant Upadhyay v. State of Bihar, 2024 (3) SCR 42...
NDPS – Failure to Follow Procedural Safeguards – Acquittal Upheld – The respondents were acquitted by the Trial Court despite the recovery of 10,000 capsules of Spasmo Proxyvon – State challenged the acquittal on the ground that prosecution evidence sufficiently proved possession and seizure – Held: Failure to comply with mandatory provisions under Sections 52, 52A, a...