Bail - Dowry Death – Suicide at Parental Home – Section 304B IPC – Bail Denied - Accused sought bail on grounds that the deceased committed suicide at her parental home and not matrimonial home, and that no harassment occurred “soon before” her death – Court held: Location of suicide irrelevant for Section 304B IPC—what matters is ongoing matrimonial relat...
Criminal Law - Victim Compensation – Enhancement – Application of Gujarat Victim Compensation Scheme – Compensation Enhanced – The trial court awarded Rs.3,00,000/- as compensation to the minor victim of rape without assigning proper reasons – High Court held that as per the Gujarat Victim Compensation Scheme, 2019, considering rape, resultant pregnancy, and the minor...
Criminal Law - Section 482 CrPC/Section 528 BNSS – Seeking Direction for Fair Investigation – No Right of Accused to Dictate Manner or Agency – Petition Dismissed – Petitioner sought direction to conduct investigation in a free and fair manner and impliedly questioned investigating agency – Supreme Court precedents cited to hold that an accused has no right to dictate...
Matrimonial Muslim Law - Maintenance — Minor Daughter’s Right — Section 125 CrPC — Maintenance directed for wife but omitted for minor daughter — Illegality committed by Family Court — Held: Minor daughter, being undisputedly born out of wedlock, is entitled to maintenance from her father under Section 125 CrPC — Court directed Rs.2,000/- per month as main...
Criminal Law - Murder Trial – Oral Dying Declaration – Acceptable and Corroborated – Conviction Upheld – Deceased Sanjay, before succumbing to gunshot wounds, made a statement to his father and uncle identifying Lachhman as the assailant – Court held that oral dying declarations, if reliable and supported by medical evidence, are admissible – Consistent medical ...
Criminal Law – Quashing - Criminal Breach of Trust and Cheating – Prima Facie Allegations – Petition to Quash FIR Dismissed – The petitioner company had awarded a subcontract under a major irrigation project to a contractor who further sublet to the complainant – Despite knowledge and involvement, petitioners denied privity of contract – Held: Documents show sup...
Cheque Dishonour – Presumption under Section 139 N.I. Act – Conviction Ordered – The accused was acquitted by the Trial Court holding the defence of issuance of cheque towards a furniture transaction as probable – The High Court found that the accused failed to substantiate the existence of Somayaji Furniture or prove repayment – No proof of purchase, no examination o...
Criminal Law - Quashing of Criminal Proceedings – Section 482 CrPC – Improper Exercise of Inherent Powers – High Court Erred – High Court quashed proceedings against the respondent solely on the basis that he played a minimal role and received a small alleged bribe – Held: High Court erred by evaluating sufficiency of evidence and engaging in a ‘mini-trial&rsquo...
Criminal Law - Murder – Eyewitness Testimony – Conviction Upheld – Presence Proved – Appellant assaulted his brother with a trident and bamboo lathi, packed the body in a gunny bag, and disposed of it in a jungle – Held: Evidence of P.W.13 and P.W.16, corroborated by recovery of the body and medical testimony, proved the crime beyond doubt [Paras 6, 8-10].
Dying De...
Unlawful Activities – Bail under UAPA – Long Incarceration – Bail Granted - Appellant, accused of involvement in ISIS-related recruitment and conspiracy, was in custody since 02.08.2023 – Charge not yet framed and further investigation ongoing – Court considered prolonged incarceration, bleak chances of trial commencement, and parity with similarly placed co-accused w...