Criminal Law – Abetment of Suicide – Section 306 IPC – Evidence Insufficient – Presumption under Section 113A of the Evidence Act – Held: Presumption under Section 113A of the Evidence Act requires cruelty as defined in Section 498-A IPC to establish abetment of suicide – In the absence of cogent evidence of cruelty or harassment, the presumption cannot arise &n...
Criminal Law – Kidnapping and Abduction – Ingredients of Offence – Sections 363 and 366-A IPC – Held: Evidence adduced failed to establish kidnapping or abduction with intent for illicit intercourse – The prosecutrix testified that she accompanied the appellant voluntarily – Delay in filing FIR and absence of corroborating testimony of material witnesses undermi...
Eviction Under Senior Citizens Act – Necessity of Maintenance Claim – Non-maintainability Without Section 23(1) Basis – The appellant, mother of the writ petitioners, sought eviction of her sons and their families under the Senior Citizens Act, claiming the property was her deceased husband's self-acquired asset – The Tribunal ordered eviction without examining competin...
Civil Writ - Passports for Minors – Consent of Both Parents – Declaration in Annexure C – Passport Authority refused to process passport renewal applications of minors without the consent of their father – Mother submitted a declaration under Annexure C stating an ongoing custody dispute with no court order prohibiting passport issuance – Held: Annexure C suffices in ...
Criminal Law - Conviction under Section 366A IPC – Assessment of Evidence – Lack of Corroboration – Prosecution relied on inconsistent statements by witnesses and failed to present corroborative evidence from independent witnesses or reliable medical findings – Held: Inconsistencies in testimony of the victim (PW-1) and informant (PW-2) undermine the prosecution’s cas...
POCSO Offences – Quashing of Proceedings – Section 482 CrPC – Petition to quash proceedings for rape and penetrative sexual assault under IPC and POCSO Act, based on an affidavit by the victim’s mother retracting the allegations and attributing the case to retaliation. Held: Allegations of serious sexual offences cannot be quashed solely on the basis of subsequent withdrawa...
Bail in UAPA Cases – Long Incarceration and Delay in Trial – Section 43(D)(5) of UAPA – The appellant has been incarcerated for over 11 years and faces charges primarily under Sections 17 and 18 of UAPA, with allegations of providing funds to an individual involved in terror activities – Supreme Court precedent in K.A. Najeeb permits Constitutional Courts to harmonize statu...
Default Bail – Period of Custody – Right Extinguished upon Filing of Challan – Petition Dismissed – The petitioner contended entitlement to default bail under Section 167(2) CrPC, asserting that the applicable period for filing the challan was 60 days as per Part-I of Section 307 IPC. The court found that at the time of filing for default bail, Part-II of Section 307 IPC, w...
Criminal Law – Culpable Homicide Not Amounting to Murder – Conversion of Conviction under Section 302 IPC to Section 304 Part I IPC – Sentencing – Appellants convicted for the murder of the deceased by the Trial Court and High Court under Section 302 read with Section 34 IPC – Trial Court sentenced appellants to life imprisonment – On appeal, Supreme Court held ...
Section 138, NI Act – Quashing - Director’s Resignation – Issuance of Cheques Post-Resignation – Section 138 and 141 of the NI Act – Complaint Quashed – The appellant ceased to be a director of the company before the cheques were issued and dishonored – The fact of resignation was undisputed and acknowledged by the Registrar of Companies – Held: The ...