Criminal Procedure – Quashing of FIR and Final Report – Counter cases of altercation and physical assault – Delay in filing FIR and investigation by different officers – High Court dismissed petitions to quash proceedings – Held, issues of delay and procedural irregularities to be determined at trial [Paras 1-11].
Counter Cases – Investigation and T...
Criminal Procedure – Quashing of Proceedings – Petitioner company and its officials challenged the criminal proceedings initiated for non-compliance with statutory requirements under the Sales Promotion Employees Act – Complaint filed beyond the limitation period prescribed by Section 11(2) of the Act – Petitioners argued absence of specific averments regarding their role i...
Criminal Law – Appeal against Acquittal – Appeal filed by the State against the trial court's judgment acquitting the respondent of charges under Sections 307, 452, and 506 IPC – Prosecution’s case centered on the respondent’s alleged knife attack on the injured with intent to cause death – Trial court acquitted the accused, noting discrepancies in witness s...
Criminal Law – Murder Conviction – Accused-appellants convicted under Section 302 IPC for the murder of Vijay Bahadur Singh alias Aangnu – Trial court’s judgment affirmed by the High Court – Appeals challenged the reliability of witness testimonies and alleged major contradictions in evidence – High Court found significant contradictions and procedural errors le...
Service Law - Revision of Pension – Government-Aided College Staff Entitlement – Rule 6 of the Haryana Civil Services (Revised Pension) Part I Rules, 2009 – The appellants, retired from government-aided private colleges before 01.01.2006, claimed entitlement to revised pension under Rule 6 on par with government college staff – Held: Revised pension is payable to the appell...
Conviction – Fresh Hearing by Successor Judge – Section 235 Cr.P.C. – The appellant contended that the new Presiding Officer was required to re-hear the case on the question of conviction after the transfer of the original judge – Supreme Court held: The successor judge is only required to hear the accused on the question of sentence under Section 235(2) Cr.P.C., not on con...
Criminal Law – Quashing of FIR and Proceedings under Article 142 – Appeal Allowed – The appellant was charged with multiple offences, including under Sections 376 and 377 IPC, based on a complaint by his wife. However, during trial, the complainant retracted her statements, indicating she filed the complaint under family pressure. Held: Considering the retraction and the desire o...
Labour Law – Criminal Law - Unfair Labour Practice – Quashing of Proceedings – Section 482 CrPC – Criminal Complaint Quashed – Petitioners sought quashing of criminal proceedings under Sections 25(T) and 25(F) of the Industrial Disputes Act, alleging that the company engaged in unfair labour practices by coercing workmen to resign from the union and terminating five e...
Criminal Law – Dacoity Conviction – Identification and Recovery of Stolen Articles – Appellant convicted under Section 395 IPC for hijacking a truck and theft of personal belongings – Prosecution’s case established through testimonies of victims and recovery of stolen items based on the appellant’s statements – Appellant identified during Test Identificati...
Criminal Law – Theft and Housebreaking – Delay in FIR registration – Impact on Prosecution Case – The petitioner filed a revision petition against the acquittal of respondents by the Sessions Judge, Faridkot. The High Court emphasized the critical impact of the delay in FIR registration, which remained unexplained and was deemed fatal to the prosecution’s case. The FI...