NDPS Act – Section 67 Statements – Admissibility – The applicant’s role was primarily established through statements recorded under Section 67 of the NDPS Act – Following Toofan Singh v. State of Tamil Nadu, such statements are inadmissible as confessions under the Evidence Act – Held: Section 67 statements cannot sustain a prima facie case for continued detenti...
Criminal Law – Bail in Murder Case – No Direct Involvement or Presence at Crime Scene – Petitioner sought bail, claiming no involvement in the murder of the victim and that she was implicated due to her relation with the main accused, Rahul Rai, her brother – Court noted that the petitioner neither participated in the crime nor was present at the scene, and her implication ...
SARFAESI Act – Jurisdiction of Consumer Forum – Interim order by District Consumer Redressal Commission under Consumer Protection Act, 2019 challenged – Consumer forum lacks jurisdiction over actions under SARFAESI Act – Overriding provisions of SARFAESI Act emphasized – Consumer Commission’s interim stay on auction quashed [Paras 14-16, 22, 28].
Co...
Criminal Law - Quashment of FIR - Prevention of Corruption Act – Grant of Building Permissions – The petitioners, including municipal officers and a company director, were accused of granting and benefiting from building permissions in contravention of municipal laws – The charge sheet alleged that permission for a commercial-cum-residential building was granted improperly, bypas...
Defamation – Issuance of Summons – Petition challenging the order of the Judicial Magistrate First Class-III, Mandi, H.P., issuing summons to the petitioners in a defamation case filed by the complainant – The complaint alleged defamatory publications in newspapers with mala fide intention to defame the complainant – Trial court issued summons without properly considering t...
Criminal Law - Electricity Theft – Prima Facie Evidence and Proceedings – Revision Against Charge-Sheet – The petitioner challenged the proceedings under Section 135(1)(a) of the Electricity Act, claiming that he was a legitimate consumer of the West Bengal State Electricity Distribution Company Ltd., paying regular bills, and that no submersible pump or unauthorized connections ...
Criminal Law – Rape and Murder – Conviction and Acquittal – Appellant convicted of raping and murdering a ten-year-old girl and concealing her body under haystack at a tubewell cabin – Trial Court imposed the death penalty, which was commuted to life imprisonment by the High Court – Supreme Court finds deficiencies in evidence and procedural lapses, includin...
Conviction for Kidnapping – Failure to Prove Threat or Demand for Ransom under Section 364-A IPC – Essential elements under Section 364-A IPC include kidnapping, threat of death, and demand for ransom – Prosecution failed to provide call records or evidence linking cell phones to ransom calls – Decision: Conviction under Section 364-A IPC was set aside; appellants convicted...
Bail – NDPS Act – Non-Compliance with Section 42 – Allegation of Recovery of 150 Kg Poppy Husk – Petitioner argues non-compliance with mandatory provisions of Section 42 NDPS Act – Custody since January 5, 2023 – Right to speedy trial emphasized – Custody certificate indicates over 18 months in detention – Bail granted with conditions [Paras 1-10].
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Motor Accident Claims – Contributory Negligence – Compensation – The insurance company contested the award of compensation to the claimants on the grounds of contributory negligence by the driver of the deceased’s vehicle – The Court held that the insurance company failed to provide sufficient evidence to substantiate the claim of contributory negligence – Affir...