Criminal Procedure - Summoning of Accused - Exercise of Power under Section 319, Cr.P.C. - Discretionary Power - Evidence showing involvement of person in crime - Sibling of accused implicated in assault and abuse - Appellant not named in FIR - Special Court forming requisite satisfaction - Order affirmed by High Court - Challenge to summoning order - Held, evidence of complainant and his wife jus...
Criminal Procedure – Default Bail – Computation of Period – Appeals against Bombay High Court order granting default bail – Respondents arrested for offences under Prevention of Money Laundering Act, 2002 – Issue of whether the remand day should be included or excluded in the computation of the 60-day period for default bail under Section 167(2) CrPC – Conflicti...
Murder – Conviction under Sections 302 and 34 IPC – Appeal against conviction – Incident involved fatal assault on Ganeshram by Devilal, Gokul, and Amrat Ram – Eyewitness accounts and recoveries of weapons (lathi, sword, axe) corroborated prosecution case – Conviction upheld [Paras 1-24].
Juvenility – Determination – Appellant Amrat Ram claimed juvenili...
Murder – Conviction under Sections 302 and 34 IPC – Appeal against conviction – Postmortem report indicating injuries from both blunt and sharp objects – Appellant armed with lathi, co-accused with axe – Injuries consistent with weapons used – Conviction upheld [Paras 1-24].
Juvenility – Determination – Appellant claimed to be juvenile at the time...
Negotiable Instruments Act, 1881 - Section 138 - Dishonor of Cheque - Presumption of consideration - Burden of proof - Admitted signature - The appellant filed a complaint against the respondent for dishonoring a cheque issued for partial repayment of an advance amount paid towards the purchase of a property - The Trial Court convicted the respondent, and the conviction was upheld by the Sessions ...
Criminal Appeals – Quashing of Complaints under Section 138 of the Negotiable Instruments Act – Vicarious liability of directors – Compliance with the requirements of Section 141(1) – Allegations lacking in complaints – Appeals allowed.
Criminal Appeal – Quashing of Complaints under Section 138 of the Negotiable Instruments Act – Vicarious liability of ...
Sections 333, 353, and 451 of the Indian Penal Code, 1860 (IPC) - Appellant convicted by the Sessions Court - High Court upheld conviction but reduced the sentences - Appeal before the Supreme Court confined to the sentencing part - Appellant claimed benefit of probation under Section 360 of the Code of Criminal Procedure, 1973 (Cr.P.C.) and/or the Probation of Offenders Act, 1958 - Arguments base...
Quashing of proceedings - Alleged altercation between the appellant and respondent no. 2 in the office - Cross complaints filed by both parties - Chargesheet filed against the appellant for offenses under Sections 323, 504, and 506 IPC - Proceedings pending since 2015 - Trivial nature of allegations - Lack of progress in the case - Continuing proceedings leading to persecution and harassment - Pet...
Criminal Appeal - Validity of Sanction - Discharge of Accused - Prevention of Corruption Act, 1988, Section 13(1)(e) read with Section 13(2) - Challenge to the validity of sanction granted by the Government to prosecute the accused - Accused raising objections at various stages of trial - Trial court framing charges and examining witnesses - Accused filing interlocutory application seeking dischar...
Criminal Law – Sentencing – Proportionality – Uniform Sentencing Standard – Disparity in Sentences – Conviction for causing fatal injuries – Conversion of conviction from Section 302 IPC to Section 304 Part II IPC – Appropriateness of sentences undergone by accused persons – Role of each accused practically indistinguishable – Principle of prop...