Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Sections 138 and 141 - Insolvency and Bankruptcy Code 2016 - Sections 95 and 96 and 101 and 128 - Appellant-former Managing Director of Surana Power Ltd challenged High Court order refusing to quash Section 138 complaint despite pendency of personal insolvency and bankruptcy proceedings - High Court held Section 138 is a crimin...
Criminal Law - Death by Negligence - Indian Penal Code 1860 - Sections 279 and 304A - Appellant bus driver convicted for causing death of passenger who fell while alighting - Trial Court and Appellate Court found driver negligent for moving vehicle before passenger safely disembarked - High Court maintained conviction but set aside sentence under Section 279 IPC citing doctrine of merger - Supreme...
Criminal Law - Illegal Detention - Constitution of India 1950 - Article 21 - Compensation - Appellant-convict sentenced to four years rigorous imprisonment for offences under Sections 148 448 304 Part II 149 and 323 IPC - Applied for permanent parole which was rejected by authorities but allowed by Single Judge of High Court on 05-11-2024 - Despite furnishing sureties and verification by 13-11-202...
Criminal Law - Quashing of Proceedings - Code of Criminal Procedure 1973 - Section 482 - Banking Fraud and Settlement - Appellant No 2 was a proprietary firm managed by the elder brother of Appellant No 1 which availed credit facilities from UCO Bank starting in 2006 - Following the death of the elder brother in 2009 Appellant No 1 took over management - Due to financial constraints the account wa...
Criminal Law - Murder and Rape - Indian Penal Code 1860 - Sections 34-201-302-376 and 376(2)(g) - Conviction for rape and murder of 55 year old woman based on circumstantial evidence - Trial Court awarded death sentence which was confirmed by the High Court - Prosecution case rested on the last seen together theory and recovery of incriminating articles - Supreme Court found that the two youths we...
Criminal Law - Kidnapping for Ransom - Indian Penal Code 1860 - Sections 364A and 368 - Appellants convicted for the broad daylight abduction of an 8-year-old boy at pistol point from the company of his sisters - Trial Court sentenced them to life imprisonment which was upheld by the High Court - Appellants challenged the conviction arguing lack of evidence for threat to life and failure to prove ...
Writ Law - Custodial Torture - Public Humiliation - Constitution of India - Article 226 - Police Misconduct - Petitioner alleged that after arrest he was subjected to custodial assault - forcibly shaved - dressed in women’s clothing - and paraded through a crowded marketplace - Photographs and videos were circulated on social media causing irreparable damage to reputation and dignity - Polic...
Criminal Law – Murder – Circumstantial Evidence – Conviction Upheld – Appellant convicted by Trial Court under Section 302 read with Section 149 IPC for the murder of four members of the family of deceased Rajesh Shukla on the night of 18/20.07.2002, the accused group having administered calmpose injections and thereafter causing fatal stab injuries – Trial Court sent...
Criminal Law – Sentencing Procedure – Appellate Court Conviction – Section 235(2) CrPC – Section 386(a) CrPC – Duty to Hear Accused on Sentence – The Sessions Court acquitted the appellant of offences under Sections 376, 312 and 417 IPC – On appeals by the State and the victim, the High Court reversed the acquittal and convicted the appellant under Section...
Criminal Law - Bribery and Corruption - Prevention of Corruption Act 1988 - Sections 7 13-1-d and 13-2 - Requirement of demand and acceptance - State appealed against High Court judgment acquitting Central Excise officials of bribery charges - Allegation involved a demand of Rs 80000 for returning seized factory records - Trial Court had convicted the accused based on recovery of money - High Cour...