Constitutional law - Governor's power to invite Chief Minister - Objective material for calling floor test - Held, the Governor must have objective material before concluding that the Chief Minister has lost the confidence of the House and calling for a floor test. [Para 166]
Constitutional law - Governor's power to invite Chief Minister - Restoration of status quo ante - Resignation of...
Bail – Cancellation – Criteria – The appeal addresses the cancellation of bail granted to the accused, highlighting misuse of liberty, influence over witnesses, and potential threat to the complainant. The Court emphasized that bail can be cancelled if the accused misuses his liberty by engaging in similar criminal activity, attempts to tamper with evidence, influences witnesses,...
Criminal Law - Murder – Common Intention – Section 34 IPC – Participation without Overt Act – Conviction Modified – The appellant, accused of aiding a politically motivated murder, was convicted under Section 302 IPC – Evidence established his active role in facilitating the crime with the co-accused – Held: Although no overt act was proved, common intenti...
Criminal Law - Bail Cancellation – Organized Child Trafficking – Improper Exercise of Discretion by High Court – Bail Cancelled - The High Court granted bail to multiple accused in a grave child trafficking case without proper application of judicial principles – Supreme Court held that the High Court's approach was casual, failed to consider the seriousness of offences...
Regular Bail – Prolonged Custody – Clean Antecedents – Bail Granted – Petitioner in custody for 8 months, not involved in any other case – No specific injury attributed to him – Challan presented and charges framed; no prosecution witness examined so far – Held: Further incarceration without trial violates right to speedy justice under Article 21 – B...
Bail – UAPA Offences – Prima Facie Case Established – Bail Rejected – The appellant challenged the NIA Court’s order rejecting bail in FIR for offences under Sections 13, 18, 19, and 39 of the UAP Act – Held: The trial court rightly concluded that the appellant had facilitated foreign terrorists by providing shelter, SIM cards, and other logistic support leading...
Criminal Procedure – Summoning Additional Accused – Section 319 CrPC – Summoning order set aside – Petitioners were summoned based on partial appraisal of evidence, relying only on the statement of injured witness Ajit Singh (PW-3) – Trial Court failed to consider complainant Chandi Ram’s (PW-4) testimony, which was material to conspiracy allegations – Sum...
Criminal Law – Registration of FIR - Inquest Proceedings under Section 174 CrPC – Limited Scope – Not a substitute for Investigation – Held: The purpose of an inquest under Section 174 CrPC is limited to determining the apparent cause of death and cannot substitute a criminal investigation when complaints disclose cognizable offences – Mere conclusion by police that d...
Election Petition – Filing Before Incompetent Forum – Limitation Not Condonable – Petition Barred – Petitioner’s election as Ward Member was challenged via an Election Petition filed before a forum lacking jurisdiction and re-presented after almost 2 years and 9 months – Held: Election Petition filed beyond the 30-day limitation was not maintainable; time spent ...
Criminal Law - Appeal Against Acquittal – Interference Permissible – Miscarriage of Justice Avoided – Appellate court found trial court’s acquittal perverse due to misreading and omission of critical evidence – Held: Acquittal of accused 1 to 5 reversed, convictions recorded based on consistent and corroborated evidence [Paras 31-32, 58].
Eyewitnesses – Injur...