Dowry Death – Homicidal Hanging – Conviction under Sections 302 and 498A IPC – Appellant convicted by the Trial Court and sentence confirmed by the High Court for the murder of his wife Soma Acharjee, who was subjected to sustained dowry-related torture within months of marriage – Deceased repeatedly sought intervention of parents and panchayat, yet was returned to the matr...
Quashing of FIR — Matrimonial Disputes — Omnibus Allegations Against In-Laws — Section 482 CrPC — Where allegations in the FIR and complaint under the DV Act against the relatives of the husband are broad, generalised, and devoid of specific overt acts or particular incidents attributable to each accused individually, continuation of criminal proceedings amounts to abuse of...
Medical Negligence — Section 304-A IPC — Criminal Standard — Off-Duty Anaesthetist — Where an anaesthetist's duty hours had concluded and she telephonically advised a standard post-operative analgesic (sensorcaine) in response to an SOS call, leaving physical administration to available on-duty hospital staff, such conduct does not constitute a "rash and negligent ...
Rape – Conviction – Acquittal – Appreciation of Evidence – Appellant Badullah and co-accused Tosif (since deceased) were convicted under Section 376 IPC and sentenced to seven years' rigorous imprisonment for alleged gang rape upon the victim in an orchard – FIR registered two days after the incident under Sections 354, 394 and 506 IPC contained no allegation of r...
Constitution of India - Article 215 - High Court Powers - Inherent Jurisdiction - High Court directed criminal investigation into siphoning of estate funds during testamentary suit - Held - High Court while exercising testamentary jurisdiction does not cease to be a Constitutional Court of record - It retains undiminished inherent and plenary powers to prevent abuse of process and safeguard the es...
Bail – Question Paper Leak – Socio-Economic Offence – CPSE 2024 – Petitioners, including exam agency officials, agents, transporters and intermediaries, are accused of leaking question papers of the Combined Police Service Examination (CPSE) 2024 in a systematic and organised manner, receiving illegal gratification of crores of rupees in the aggregate – The CPSE 2024 ...
Money Laundering – Quashing of Prosecution Complaint – PMLA – Predicate Offence – Exoneration by CBI – Petitioner company was alleged to have participated in circular trading involving purchase of commodities from QVPL and resale to PVPL on the same date, both companies being controlled by co-accused Manoj Kumar Jain, resulting in discounting of three Letters of Credi...
Criminal Law – Bail – Murder – Cancellation – Cryptic and Non-Speaking Order – Respondent No. 2 accused of committing murder of the deceased along with two co-accused by firing multiple shots with country-made pistols – Sessions Court rejected bail upon consideration of gravity of offence, post-mortem report and recovery of murder weapon – High Court grant...
NDPS – Section 43 – Seizure in Public Place or in Transit – Applicability over Section 42 – Appellants were intercepted on NH 353 near forest naka Temari when their Eicher truck was found carrying 700 kg of Ganja concealed under scrap material – Appellants contended non-compliance of Section 42 of the NDPS Act – Held: Where search and seizure is effected from a ...
Criminal Law - Writ Jurisdiction – Article 32 – Discretionary Relief – Non-Availing of Remedies – Petitioners filed writ petition under Article 32 seeking FIR registration, protection, and CBI transfer arising from family disputes over property and cremation of their deceased father – High Court of Orissa, in suo motu PIL, had directed restoration of land, police prot...