Bail - Money Laundering – Scholarship Scam – Prevention of Money Laundering Act (PMLA) – Bail Denied - The applicant, Rajdeep Singh, sought bail under Section 483 of the BNSS, asserting innocence and challenging his continued detention in a case of alleged involvement in misappropriating scholarship funds – The Enforcement Directorate (ED) contended that Singh and accomplic...
Criminal Law – Conviction for Murder and Cruelty – Appeal by husband and father-in-law against their conviction for murder (Section 302/34 IPC) and cruelty (Section 498-A IPC) – Conviction based on dying declaration recorded in presence of police and doctor – Appellate court evaluates evidence, including inconsistencies in witness statements and procedural irregularities &n...
Criminal Law – Murder Conviction – Appellant convicted for the murder of Arun Kumar with a knife, sustaining multiple stab wounds – Trial court’s judgment affirmed by High Court – Supreme Court examines whether non-compliance with Section 313, Cr.P.C., during the examination of the accused resulted in material prejudice. The court found that the trial court and the Hi...
Anticipatory Bail – SC/ST Act – Rejection of anticipatory bail by the High Court under Section 438 CrPC for offences under Sections 3(1)(r) and 3(1)(u) of the SC/ST Act – Appellant allegedly insulted and humiliated the complainant, a Scheduled Caste MLA, by publishing defamatory content on social media – Supreme Court held that Section 18 of the SC/ST Act imposes a bar on a...
Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Section 302 r/w 34 IPC for the murder of deceased by attacking him with wooden logs – Trial court sentenced appellants to life imprisonment and imposed a fine of Rs. 10,000 each – On appeal, the High Court found that the evidence of the key prosecution witness (PW1) was unreliable, with contradi...
Criminal Law - Sexual Assault - Appeal Against Acquittal - The appellant contended that the trial court disregarded key evidence and failed to apply the statutory presumption under Section 29 of the POCSO Act in acquitting the accused of charges under Sections 354 and 323 IPC and Section 10 of POCSO - Held: On examination, the trial court’s reliance on inconsistencies in the complainant&rsqu...
Narcotics Law – Bail Application for Commercial Quantity of Cannabis – Extended Detention Under Section 36A(4) NDPS Act – Petition for regular bail under Sections 480 and 483 of BNSS due to procedural lapses in handling detention beyond 180 days and irregular sample verification – Petitioner alleged that procedural violations, including failure to involve a Magistrate in sa...
Family Law – Maintenance for Children – Father's Obligation – Petitioner contested the Family Court’s order awarding monthly maintenance to his two daughters, arguing inability to pay and asserting that the court did not allow him sufficient opportunity to submit objections – Court held that as the daughters’ legal guardian, the father is obligated...
Criminal Law – Right to Bail in Extended Detention – Application of Section 480(6) of BNSS – The petitioner was held in custody for over two years, with the trial progressing slowly due to procedural delays – Section 480(6) mandates release if trial for non-bailable offenses triable by a Magistrate is not concluded within 60 days from the first date fixed for evidence &ndas...
Anticipatory Bail – Scope and Limitations – Severity of Offense and Risk of Public Disorder – Applicants sought anticipatory bail, arguing limited involvement in an alleged assault with general allegations and no prior criminal history – Court emphasized that anticipatory bail is extraordinary relief meant for false or frivolous cases, not a shield for avoiding lawful proce...