Matrimonial Law - Maintenance Revision – Quantum of Maintenance – Sections 125 and 127 CrPC – Enhancement Granted with Increment Provision – In this batch of revisions, the wife challenged the Family Court’s order reducing her maintenance from ₹30,000/- to ₹20,000/- while the husband sought further reduction on account of his retirement – The High Court scru...
Criminal Law - Dowry Death and Suicide – Conviction under Section 304B Modified – Section 306 and 498A Sustained – The appeal was preferred against conviction under Section 304B IPC for dowry death following suicide of wife within seven years of marriage—High Court found lack of evidence establishing harassment or dowry demand 'soon before death' but consistent dowr...
Criminal Law - Quashing of FIR – Sections 115(2), 126(2), 351(3), 3(5) of the BNS - Cross Allegations in Family Dispute – Trial Not to Be Short-Circuited – Petitioners sought quashing of FIR citing contradictions in medical records and prior police intimation by complainant – Held: Allegations prima facie disclose cognizable offences – Disputed facts and evidence must...
Criminal Law - Dishonour of Cheque – Presumption under Section 139 of NI Act – Conviction Upheld – The petitioner was convicted for dishonour of cheque under Section 138 of NI Act—Trial Court and Appellate Court upheld conviction relying on presumption under Section 139 as petitioner admitted issuance of cheque and failed to rebut presumption through credible defence eviden...
Anticipatory Bail – Sections 364, 384, 388, 342, 120B of IPC - Rejection on Grounds of Absconding – Section 482 BNSS – Custodial Interrogation Required – The applicant, a police officer, sought anticipatory bail after being accused of kidnapping, extortion and corruption – The Court observed the applicant was evading arrest since registration of FIR and was declared p...
Criminal Law – Kidnapping of Minor – Sections 363 and 366 IPC – Conviction Affirmed – The appellant was convicted for kidnapping a minor girl aged 11-13 years under Sections 363 and 366 IPC – Evidence established the girl was taken away without parental consent under false pretext and confined unlawfully – The minor’s consistent testimony, corroborated by ...
Criminal Law - Appeal Against Conviction – Dismissal for Non-Prosecution – Section 138 NI Act – Dismissal Set Aside - The petitioner challenged the order dismissing his appeal against conviction under Section 138 of the NI Act for non-appearance – The High Court held that appeal against conviction must be decided on merits even if the appellant is absent – Relying on ...
Quashing Proclamation Proceedings – Non-Compliance with Section 82 Cr.P.C. – Declaration of Proclaimed Person Quashed – The petitioner was declared proclaimed person in proceedings under Section 138 NI Act and consequent FIR under Section 174-A IPC was registered – Held: Trial Court erred in straightaway issuing proclamation without prior steps of summons or bailable warran...
Bail Appeal – Group Assault – Sections 118, 117 of BNS and SC/ST Act – Bail Granted – The appellant challenged rejection of bail under multiple sections of BNS, 2023 and SC/ST Act alleging injuries inflicted during an altercation – The High Court observed no specific role was initially attributed to the appellant and the parties had since entered into a compromise &nd...
Writ of Mandamus – Section 67B of the Information Technology Act - Child Pornography Allegation – Teaser of Movie "Bad Girl" on YouTube – Direction Issued for Removal – Petitioners alleged that the teaser of a Tamil film hosted on YouTube contains child pornographic and obscene content in violation of child protection laws – Despite filing complaints with re...