Criminal Law – Abetment of Suicide – Appeal Allowed – Appellants, senior employees of Hindustan Lever Ltd, were accused of abetting the suicide of their colleague, Rajeev Jain, by allegedly harassing and humiliating him due to his refusal to accept a Voluntary Retirement Scheme (VRS) – High Court dismissed their plea to quash the criminal proceedings under Section 306 of th...
Quashment of Proceedings – Section 120B IPC and Prevention of Corruption Act – Lack of Evidence Against Appellant – The appellant was charged as Accused No. 13 in a case related to a quid pro quo transaction involving public officials and business entities – The High Court refused to quash the proceedings, holding that the contentions raised were matters for trial – H...
Criminal Procedure – Successor Judge’s Role Post Conviction – Appeal Dismissed – The appellant sought a re-hearing of his case on the question of conviction by the successor judge after the original judge who convicted him was transferred – Held: Once a judgment of conviction is pronounced, the Trial Court becomes functus officio regarding conviction under Section 235...
Maintenance – Interim Order – Revision Petition by Wife and Child – Trial court ordered the husband to pay monthly interim maintenance from the date of the application. The appellate court modified this date to a later point, considering the pandemic. High Court found this modification based on facts not on record – [Paras 1-15].
Discretion of Court – Maintenance fro...
Criminal Law – Prevention of Corruption – Proof of Demand – Demand not Established – The appellant, a Talati cum Mantri, was convicted under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act for allegedly demanding ₹500 as illegal gratification for providing a copy of a mutation entry – The prosecution failed to prove the specific d...
Maintenance – Muslim Law – Talaak Validity – Petitioner challenged the Revisional Court’s order directing him to pay maintenance – Contended divorce (Talaak) pronounced validly, relieving him of obligations – High Court upheld Revisional Court’s decision – Talaak must be proven with efforts for reconciliation, valid reason, presence of just witnesses...
Child Sexual Abuse – Reliability of Victim's Testimony – Conviction Sustained - The appellants, convicted of multiple sexual offenses against a minor, challenged the victim's testimony and the reliability of investigative procedures. The Court affirmed that a victim’s testimony alone, when credible and consistent, suffices to uphold conviction in cases of sexual abuse. He...
Dowry Death – Requirements Under Section 304B IPC – Conviction Reversed - The appellants contended that there was insufficient evidence of dowry-related harassment immediately before the deceased’s death, disputing claims of cruelty or dowry demand. The court examined evidence including witness testimony and circumstantial factors – Held: There was no concrete evidence prov...
Recall of Witnesses – Section 311 Cr.P.C. – Petitioners sought to recall PW.1, PW.6, and PW.7 for cross-examination, arguing the need to cross-examine them together for a fair trial – The trial court dismissed the petition, citing unnecessary delay and harassment of witnesses – High Court upheld trial court’s decision, noting that the case had already been significant...
Criminal Law – Externment Order – Petitioner challenged the externment order issued by the District Magistrate under Section 3(3) of the Jharkhand Control of Crimes Act, 2002 – Contended that involvement in two criminal cases does not justify being labeled as a habitual offender – High Court held that mere involvement in two cases does not constitute habitual offending unde...