Mercy Petition – Judicial Review – Grounds for Review – Quick consideration and rejection of mercy petition by the President not grounds for judicial review – Delay may warrant review, but swift rejection suggests thorough consideration not predetermined stance – Petitioner’s arguments on non-application of mind and solitary confinement found unsubstan...
Criminal Law – Quashing of Proceedings – Dispute over property between complainant and father of appellants pending prior to alleged incident – Police had already initiated proceedings under Sections 151, 107, and 116 Cr.P.C. against both parties to maintain peace – Application under Section 156(3) Cr.P.C. filed six weeks after incident – Complaint under Section 200 C...
Criminal Law – Quashing of Proceedings – High Court examined charges at pre-trial stage – Allegations of obtaining fake loans with the connivance of bank officials – High Court erred in quashing charges when allegations required proof in trial – Beneficiary status of respondents due to father's position as bank president prima facie indicates offenses under Sectio...
Criminal Law – Quashing of Proceedings – Allegations of providing sub-standard materials for a project – FIR filed in 2000, charge sheet in 2004, summons served in 2017 – No specific allegations of fraudulent or dishonest intention from inception – No vicarious liability established against Managing Director and Director – Company not made a party – Crimin...
Criminal Law – Suppression of Criminal Case – Employment in Police Service – Respondent applied for constable position and falsely stated no involvement in any criminal case – Appointed but later found to be involved in a criminal case – Discharged for false statement – Tribunal upheld discharge, but High Court reversed, citing triviality and quashing of crimina...
Trusts – Suit for Mandatory Injunction – Section 92 of CPC – High Court's finding that suit by Trust against Sevadar was not maintainable without complying with Section 92 CPC – Section 92 applicable to suits against Trusts, not by Trusts – High Court’s order erroneous – Suit maintainable and decree rightly passed by First Appellate Court [Paras 10-12]...
Criminal Law – Acquittal – Appeal against High Court’s order acquitting accused – High Court found prosecution case to suffer from serious infirmities and inconsistencies – Missing links in chain of circumstances – Prosecution failed to establish guilt beyond reasonable doubt – Acquittal upheld by Supreme Court [Paras 19-26].
Conspiracy &ndash...
Criminal Law – Filing of False Proceedings – Misuse of Judicial Process – Appellants filed appeals in the name of Bhagwan Singh challenging orders of the Allahabad High Court – During proceedings, it was revealed that Bhagwan Singh had not authorized any such filings and had no knowledge of the SLPs in his name – Multiple advocates were involved in submitting forged d...
Fair Trial – Right to Legible Copy of Section 164 Statement – The accused sought a legible copy of the victim’s statement recorded under Section 164 Cr.P.C., as the copy provided was illegible – The Special Judge denied the request, suggesting the Magistrate could be summoned to explain the contents during trial – Held: The refusal to provide a legible copy of the 164...
Bail - Murder – Mens Rea and Use of Safety Shoes as a Weapon – Section 302 IPC – Bail Denied - Petitioner accused of kicking the deceased, Hiralal, with safety shoes during a wedding altercation after a sudden provocation – Petitioner argued that the cause of death was unrelated to the kicks, citing the postmortem report and lack of external injuries – Court held: Kic...