Criminal Law – Cheating and Breach of Trust – Prima Facie Case for Summons – Petitioner challenged the order setting aside summons issued against Educomp and associates for alleged fraud and misrepresentation in a joint venture – Court found that allegations involved a contractual dispute lacking evidence of fraudulent intent at inception, dismissing claims under Sections 4...
Narcotic Drugs – Illegally Transporting Ganja – Mandatory Compliance under NDPS Act – Conviction Reversed: Appellants were convicted for illegal transportation of 30 kg of ganja. Trial Court’s conviction based on non-compliance with Section 52A of the NDPS Act. Karnataka High Court held that the seizure, inventory, and sampling of the contraband did not follow the mandatory...
Motor Accident Claims – Compensation Enhancement – Appeal for enhancement of compensation awarded for the death of a 19-year-old in a motor accident. The claimants argued that the MACT applied the wrong multiplier by considering the parents' ages instead of the deceased’s age. The Court held that, as per Sarla Verma, the correct multiplier should be based on the deceased'...
Criminal Law – Murder Conviction – Appeal against the conviction for the murder of Nem Singh – Conviction based on circumstantial evidence – Recovery of axe and blood-stained clothes from appellant’s house deemed insufficient as primary evidence under Section 27 of the Evidence Act – Conviction also questioned due to lack of clear motive and chain of evidence [P...
Criminal Law – Recall of Witness – Petition challenging the recall of a key witness (PW-2) for re-examination – Respondent sought recall to correct errors and omissions during prior cross-examination conducted by a legal aid counsel – Trial Court’s decision to allow recall upheld – No manifest error in Trial Court’s decision; re-examination deemed necessar...
Criminal Law – Rape Conviction – Appellant convicted for rape and impregnating a minor girl – Trial court sentenced appellant to 12 years R.I. and fines – High Court notes discrepancies in prosecution’s case and victim’s contradictory statements – Victim and her mother retracted accusations, stating pressure from villagers – No substantial evidence p...
Criminal Law – Bail – Parity with Co-accused – Petitioners sought regular bail on the grounds of parity with co-accused who were similarly situated and had already been granted bail. The petitioners had been in custody for over a year and there was prima facie evidence connecting them to the offense. However, considering the parity principle, the prolonged incarceration without t...
Parole – Repetition of Petitions – Petitioner sought parole for the daughter’s marriage, previously filed and withdrawn – Concealment of relevant orders – Fresh petition dismissed due to identical cause of action with only a change in marriage date – Petitioner’s conduct deprecable for concealment and repetitive filing [Paras 1-8].
Maintenance...
Negotiable Instruments Act – Dishonour of Cheques – Petitioner issued cheques to the respondent which were dishonoured due to insufficient funds – Legal proceedings under Section 138 of the NI Act initiated – Settlement agreement reached, but petitioner failed to comply fully – Respondent invoked Section 421 of the Cr.P.C. for enforcement – Court upheld the enfo...
Anticipatory Bail - Offenses under Sections 120B, 406, 420 IPC and Trade Marks Act - Custodial Interrogation Not Required - The accused were charged with conspiracy, cheating, and breach of trust involving the development and delivery of software. The court found no necessity for custodial interrogation, considering that the first accused was already granted anticipatory bail. Petitioners were gra...