Criminal Law – Conviction under Section 304 Part II IPC – No Premeditation – Sentence Reduced – Appellant convicted for causing the death of his 85-year-old mother during a drunken altercation—Trial court imposed 7 years RI—High Court held: There was no premeditation, and the act occurred in a sudden quarrel—Considering the appellant’s clean record a...
Criminal Law – Negotiable Instruments Act – Rebutting Presumption under Section 139 – Proof of Coercion in Issuance of Cheque – Petitioner attempted to introduce a prior complaint alleging that the respondent forcibly obtained the cheque in question – High Court held: While an accused can rebut the presumption under Section 139 of the NI Act, a self-serving complaint ...
Criminal Law - Kolkata Municipal Corporation Act – Unauthorized Construction – Tenant’s Liability – Conviction Set Aside – Petitioners were convicted under Section 401A of the Kolkata Municipal Corporation Act, 1980 by the Learned Municipal Magistrate, 3rd Court, Calcutta, for allegedly constructing an unauthorized two-storied building at 14/5, B.T. Road, Kolkata &nda...
Criminal Conspiracy – Adulterous Relationship – Murder – Evidence – Prosecution proved beyond doubt that the first accused, Nino Mathew, committed the murders of Omana and Swasthika and attempted to murder PW1 in furtherance of a criminal conspiracy with the second accused, Anu Shanthi, with whom he had an adulterous relationship – Evidence included testimony of PW1 i...
Criminal Procedure – Interim Custody of Property – Sections 451, 457 CrPC – Gold Ornaments and Bonds Not Released – Petitioner sought interim custody of 105 gold ornaments, seized cash, and proceeds of matured bonds, claiming personal ownership and irrelevance to the criminal proceedings – The trial court rejected the application, noting that the seized assets were su...
Criminal Law – Murder Conviction – Reliability of Eyewitness Testimony – Appellants, a mother and son, were convicted under Section 302 IPC for allegedly murdering the deceased over a property dispute – The prosecution relied primarily on the testimony of the deceased’s son (PW2), who claimed to be an eyewitness – Held: PW2’s testimony was inconsistent, un...
Passports Act – Renewal of Passport – Pending Criminal Proceedings – Petitioner, an Indian citizen residing in the USA, sought renewal of his passport bearing No. M5407876, which was due to expire on 08.09.2025 – Renewal was denied by the Regional Passport Office, Bengaluru (Respondent No.2) due to pending criminal proceedings under Sections 354A, 354D, 504, and 420 IPC &nd...
Bail - Money Laundering – Large-Scale Illegal Betting Syndicate – Prima Facie Evidence Against Applicant – Bail Rejected – The ED alleged that the applicant was involved in handling and transferring illegal funds generated from Mahadev Online Book, an unlawful betting operation – ₹5.39 crores in cash was seized from his possession – The investigation revealed ...
Criminal Law - Juvenile Justice – Preliminary Assessment – Whether the Child in Conflict with Law (CCL) Should be Tried as an Adult – Petitioner challenged the order of the Additional Sessions Judge (ASJ), which upheld the Juvenile Justice Board’s (JJB) decision to not try CCL-SAH as an adult – JJB conducted a preliminary assessment under Section 15 of the Juvenile Ju...
Statutory Bail – Cancellation – Submission of Chargesheet After Court Hours – Legal Validity of Bail – Appellants were granted statutory bail as the chargesheet was not filed within 90 days from their arrest – Chargesheet was filed at the end of the 90th day but after court hours – The NIA Court later cancelled bail without an application for cancellation &ndash...