Dishonour of Cheque – Section 138 of the NI Act – Summoning Order Upheld – The petitioner issued two cheques to the respondent institute under the terms of an employment contract, which were dishonoured upon presentation. The petitioner contended that the cheques were issued as security and not for discharging any legally enforceable debt. The trial court took cognizance of the c...
Criminal Law – Quashing of Proceedings – Section 153 IPC – Petitioner, an Australian tourist of Jewish descent, was charged under Section 153 IPC for tearing down banners at Fort Kochi – The banners bore the slogan "SILENCE IS VIOLENCE STAND UP FOR HUMANITY" – Petitioner contended that the posters invoked distress due to their possible allusion to the Israel...
Motor Accident Claim – Proof of Negligence – Dismissal of Claim – Appellant claimed injuries caused by rash and negligent driving of an HRTC bus, resulting in permanent disability (15% of the right limb) – Tribunal dismissed the claim petition, holding that the appellant failed to prove negligence by the driver or conductor of the bus – Appeal dismissed by the High Co...
Criminal Law – Bail Application – Rape under POCSO Act – The applicant, aged 71 years, sought bail in a case involving gang rape and blackmail of a 12-year-old victim. The victim alleged that the applicant, along with a co-accused, had formed physical relations with her against her consent on multiple occasions, leading to her pregnancy, and blackmailed her with videos – He...
Anticipatory Bail – SC & ST Act – Prima Facie Case – Appeal Allowed – The appellant sought anticipatory bail after being accused of utterances and gestures of a sexual nature towards a journalist belonging to a Scheduled Caste, with offenses under Sections 74 and 79 of the BNS and Sections 3(1)(w)(ii) and 3(2)(va) of the SC & ST Act – The Court held that prima...
Criminal Law – Quashing of Charges – Allegations of Criminal Conspiracy and Misappropriation of Coal Rejects – Supreme Court evaluated the genesis of the CBI investigation, highlighting that it was prompted by the CAG Audit Report, which lacked finality – The Court emphasized that the investigation into the case was unjustified, stemming from a civil dispute with no substan...
Anticipatory Bail – Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 – Scope Expanded – The applicants filed for anticipatory bail under Section 482 of the BNSS, 2023, in connection with accusations under Sections 451, 394/34 of IPC – Held: The scope of anticipatory bail has been expanded compared to the earlier provision under Section 438 of the CrPC, 1973, removing g...
Criminal Procedure – Acquittal – Victim's Right to Appeal – The petitioner, a de facto complainant, challenged the acquittal of the accused under various sections of the IPC, arguing that as a "victim" under Section 2(wa) of the CrPC, he had the right to appeal – The Sessions Judge dismissed the appeal on the ground that the petitioner could not be termed a &#...
Dowry Death – Acquittal – Lack of Evidence of Unnatural Death – Appeal Dismissed – The trial court acquitted the accused of dowry death charges under Section 304-B IPC, as the prosecution failed to establish that the deceased’s death was unnatural – The High Court upheld the acquittal, noting that no post-mortem was conducted and there was no substantial evidenc...
Bail Application – Prolonged Custody – Delay in Trial – Bail Granted – The Applicant sought release on bail in a murder conspiracy case, citing his custody since January 2020 and the slow progress of the trial, with over 70 witnesses yet to be examined. The trial was proceeding slowly due to limited availability of the Sessions Judge and the complexity of the case – H...