Quashing of Criminal Proceedings – Section 482 CrPC – Sale of Drugs without License – Manufacture vs. Wholesale Sale – No Violation Established – The appellants, engaged in manufacturing and selling medical gases, were charged under Section 18(a)(vi) read with Section 27(d) of the Drugs and Cosmetics Act, 1940 for allegedly selling Nitrous Oxide I.P. to an unlicensed ...
Land Acquisition – Compensation Under 2013 Act – Supreme Court’s Powers Under Article 142 – The respondents, landowners, sought compensation for acquired lands – The Supreme Court, following K.L. Rathi Steels Ltd. (2024) 7 SCC 315, directed that compensation be paid under the 2013 Act – The time for fresh acquisition proceedings under Section 24(2) of the 2013 A...
Criminal Law – Common Intention under Section 34 IPC – Mere Presence Insufficient for Conviction – The Supreme Court held that for applying Section 34 IPC, prosecution must prove prior meeting of minds and a common intention to commit the crime – The High Court erred in convicting the appellants solely on the ground that they were present in the same vehicle as the main acc...
Dowry Harassment – Demand for Gold – Section 498A IPC and Section 4 DP Act – Conviction Upheld – The appellant married the complainant (PW-4) on 31.03.2006, but the marriage lasted only three days – It was alleged that the appellant and his family demanded 100 sovereigns of gold, failing which the appellant refused to participate in wedding ceremonies – The High...
Criminal Law - False Promise of Marriage – Absence of Deception – Quashing of FIR – The prosecutrix alleged that the appellant engaged in sexual relations with her under the false pretext of marriage – The prosecution relied on Section 90 IPC, arguing that the prosecutrix’s consent was obtained through misconception of fact, thereby making it a case of rape ...
Criminal Law – Bail Application – Protection of Children from Sexual Offences (POCSO) Act – Applicant accused under multiple provisions, including Sections 498-A, 323, 504, 506, 363, 366A, 376(2)(N) IPC, Sections 5(L)/6 of the POCSO Act, and Sections 3/4 of the Dowry Prohibition Act – Allegations include harassment of wife for dowry and engaging in illicit relations with mi...
Criminal Law – Quashing - Retaliatory FIR – Timing of Complaint – Malicious Prosecution Inferred – The husband filed a suit under Section 9 of the Hindu Marriage Act on 18/10/2023, and the wife lodged the FIR shortly thereafter on 27/10/2023. No explanation was provided for the delay in filing the complaint, despite her claim of being driven out of the matrimonial home on 2...
NDPS - Interim Custody of Seized Vehicle – Confiscation Not Automatic – Section 457 Cr.P.C. – Order Denying Custody Set Aside – The trial court erred in rejecting interim custody of the seized vehicle merely on the ground that it may be confiscated if the offence is proved – Confiscation is subject to trial and can only be ordered upon proof of guilt beyond reasonable...
Criminal Law – Dishonour of Cheque – Appeal Against Acquittal - Validity of System-Generated Cheque Return Memo – Section 146 of NI Act – The trial court rejected the cheque return memo (Exhibit-2) on the ground that it did not bear an official seal or signature of the bank. However, Section 146 of the NI Act presumes a bank’s slip or memo denoting dishonour to ...
Rape Case – Age Determination – School Records – Standard of Proof – Acquittal – Appeal allowed – The appellant was convicted under Sections 376(1) and 450 of IPC for allegedly committing rape on a prosecutrix aged 12 years – Prosecution relied on the school register to establish the prosecutrix's age – Held: School register entries are inadmissi...