Habeas Corpus – Right to Autonomy – Petitioner parents sought custody of their adult daughter (Ms. X), claiming psychological issues and illegal detention by the 5th respondent – High Court, after interaction, found Ms. X to be of sound mind, having made an informed choice to live with her partner – Petition dismissed, respecting the right to autonomy and personal liberty u...
Criminal Law – Sexual Offences Against a Minor – Conviction and Sentence – Appellant convicted under Sections 363, 366 IPC, and Section 6 of the POCSO Act read with Section 376 IPC – Trial Court sentenced him to rigorous imprisonment for 10 years for the POCSO offence, 3 years under Section 363 IPC, and 5 years under Section 366 IPC, all to run concurrently – Convicti...
Criminal Law – Conviction for Culpable Homicide Not Amounting to Murder – The appellant was convicted for the offence under Section 304 Part II IPC by the trial court, which sentenced him to seven years of rigorous imprisonment and a fine. The High Court examined inconsistencies in medical evidence and unexplained gaps in the victim’s treatment timeline, raising doubts about the ...
Scope of Section 195 Cr.P.C. – Applicability to Tribunals – Section 195 read with Section 340 Cr.P.C. mandates that complaints for offences under Sections 193, 199, and 200 IPC, when committed before a Court, must be filed only by orders of the Court concerned – Tribunal not defined as "Court" under law – Held: Offences alleged to have been committed before a Trib...
Criminal Law – Limitation - Delay in Filing Appeal – Right to Appeal under Article 21 – Fundamental Right – High Court erred in dismissing the appeal on grounds of delay without proper examination of reasons provided by the appellant – Appellant cited lack of monetary resources and livelihood challenges as causes for delay – Held: Delay of 1637 days condoned; ap...
Criminal Law - Quashing of FIR – Prima Facie Case – Sections 197 CrPC and 83 of M.P. Griha Nirman Mandal Adhiniyam – Protection of actions in official duty – High Court erred in refusing to quash FIR based on mere allegations without sufficient evidence – Held: No prima facie case established; allegations lack evidence of intent or knowledge of forgery [Paras 11-15].
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Evidence Law – FSL Report – Application for FSL report on blood-stained clothes and weapons dismissed by the trial court for being filed belatedly – Held, application for adducing evidence should be filed at the stage of prosecution evidence and not at the committal stage – Trial court’s dismissal based on incorrect premise – Order set aside [Paras 1-12].
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Matrimonial Law – D.V. Act - Interim Maintenance – Determination of Husband’s Income – Domestic Violence Act – Wife sought an increase in interim maintenance of ₹10,000/- per month granted by the trial court for herself and the minor child, while the husband sought a reduction of the same. The trial court considered the husband's income to be ₹12,260/- per mon...
Prevention of Corruption – Demand and Acceptance of Bribe – The High Court set aside the conviction of the appellant, finding that the prosecution failed to establish the demand and acceptance of bribe beyond a reasonable doubt. The evidence showed that no work of the complainant was pending with the appellant at the time of the trap, and the money allegedly received was claimed to be ...
Negotiable Instruments – Dishonour of Cheque – Conviction Compounded – Petitioner convicted under Section 138 of the Negotiable Instruments Act by the Judicial Magistrate, Fast Track Court, Kallakurichi, for dishonour of a cheque amounting to ₹20,00,000/-. The Trial Court sentenced him to one year of simple imprisonment and ₹20,00,000/- compensation, in default, to undergo th...