Criminal Law – Remission of Sentence – Conditions Imposed – The appellant was convicted under Section 302 read with Sections 147 and 148 of the IPC and sentenced to life imprisonment – The State Government of Gujarat remitted the appellant's remaining sentence under Section 432(1) of the CrPC – However, conditions were imposed including that the appellant must &qu...
Criminal Law – Murder Conviction – Acquittal – Witchcraft Allegation – Sections 302, 201 IPC – Sections 3/4 of Prevention of Witch (Daain) Practices Act – Appellant convicted for the murder of his sister-in-law, branded as a witch – Conviction based on circumstantial evidence and alleged confession – Trial court sentenced him to life imprisonment &nd...
Negotiable Instruments – Dishonor of Cheque – Presumption under Sections 138, 139, and 118(a) N.I. Act – Once the issuance of the cheque is admitted or established, a presumption arises that the cheque was issued for a legally enforceable debt or liability – The burden is on the drawer to rebut this presumption – The Supreme Court found that the respondent failed to a...
Pre-Arrest Bail – Alleged Sexual Intercourse on False Promise of Marriage – Petitioner accused of establishing a sexual relationship with the survivor on the false promise of marriage – Prosecution alleged that petitioner retracted his promise when the survivor became pregnant – Crime registered under Section 376(2)(n) IPC – Petitioner claimed the relationship was con...
Defamation – Section 482 Cr.P.C. – Quashing of Criminal Proceedings – The appellant sought quashing of the criminal proceedings under Section 482 Cr.P.C. for defamation after making statements against respondent No. 2, calling him a "sexual predator" – Supreme Court held: The appellant, realizing his mistake, tendered an unconditional apology and agreed to publish...
Criminal Law – Remand of Trial – Appeal against acquittal – Appellant challenged the order of the Allahabad High Court, which had remanded the case back to the Trial Court for retrial from the stage of testimony of PW 2 – The High Court found the trial process unfair due to the admission of prosecution documents without formal proof – Directed the retrial, allowing th...
Criminal Law – Bail – Custody of Elected Representative – Regular Bail Granted – The petitioner, a sitting MLA, was in custody for over one and a half years for using mobile phones to allegedly threaten witnesses and extort money while in jail – His bail was initially denied by the Special Judge and the High Court, citing his criminal history and the potential misuse ...
Criminal Law – Rash and Negligent Driving – Conviction Quashed – The applicant, a bus driver, was convicted under Sections 279 and 304-A of the IPC for causing the death of a pedestrian in a road accident – He was sentenced to three months of simple imprisonment and fined Rs.1,000 – Held: The conviction was not sustainable as there was no evidence of rash or negligent...
Prisoner Rights – Unconvicted and Civil Prisoners – Writ of Mandamus sought to ensure facilities for unconvicted criminal prisoners and civil prisoners regarding interviews and communication with legal advisers – Petitioner, a practising advocate, sought enforcement of facilities as per Rule 541 of Tamil Nadu Prison Rules, 1983 – Court acknowledged the need for reasonable f...
Abetment of Suicide – Non-payment of Dues – Petitioners alleged to have abetted the suicide of the deceased by not paying outstanding amounts owed to him – The deceased committed suicide and named the petitioners in his suicide note – Held: Mere refusal to repay debts or non-payment of dues, without any overt act of instigation or intentional aiding, does not constitute abe...