Criminal Law – Assault on Child – Section 323 IPC – Conviction Upheld – Section 8(2) Goa Children’s Act – Set Aside – Evidence of PW1 (injured child) found wholly reliable – Ocular testimony consistent and unshaken – Medical certificate not proved but ocular evidence given primacy – Incident held isolated and lacking ingredients of &ldquo...
Maintenance – Section 144 BNSS – Son’s Independent Obligation to Maintain Aged Mother – Husband’s Support Not a Bar – Alleged Cattle Rearing Unsupported – Son Employed Abroad with Sufficient Means – Maintenance of Rs.5,000 Upheld – Revision Dismissed [Paras 6–9].
Maintenance of Parents – Section 144 BNSS (Sec.125 CrPC) – In...
Criminal Law – Quashing - Defamation – Social Media Defamation – Creation of Fake Online Profiles – Prima Facie Case Made Out – Allegation that petitioner created fake social media accounts portraying respondent as a prostitute and posting derogatory content – Such material accessible to public at large constitutes publication and attracts Section 499 IPC &ndash...
Negotiable Instruments Act – Cheque Dishonour – Appeal Against Acquittal – Loan of Rs.6,00,000/- claimed by complainant held doubtful – Complainant failed to prove source of funds; cheque not filled in accused’s handwriting; improbable circumstance of pledging jewels and advancing interest-free loan to mere acquaintance – Defence of misuse of security cheque for...
Criminal Law – Suspension of Sentence – Life Imprisonment – Section 389 CrPC – High Court’s Cryptic Orders – Failure to Consider Evidence, Role under Section 149 IPC, Gravity, Antecedents – State’s Non-appearance – Held: High Court orders unsustainable; bail cancelled; convicts directed to surrender; matters remanded for fresh consideration [Pa...
Criminal Revision – Framing of Charges – Attempt to Murder – Nature of Injury Not Decisive – At Charge Stage Court Not to Conduct Mini Trial – Victim’s Statement Alleging Knife Blow Aimed at Neck Creates Grave Suspicion – Injury Report Showing Deep Muscular Cuts with Bleeding – Charges under Sections 109(1) & 351(3) BNS Properly Framed – Re...
Grant of Interim Bail – Petitioner seeks interim bail due to daughter's marriage ceremonies – High Court upheld conviction under IPC Sections 148, 149, 302, 324 – Despite main ceremony on 28.04.2024 being concluded, local customs necessitate petitioner's presence for subsequent rituals – Respondent-State has no objections to the grant of interim bail – Court a...
Criminal Writ – Quashing - Organised Crime – KCOCA Invocation – Prior Approval – Improper Invocation – Petitioner, accused No.12, was in police custody at the time of the alleged incident of conspiracy to commit dacoity – Inclusion of KCOCA against accused based solely on co-accused’s voluntary statement without independent corroboration – Held: No m...
Family Law – Maintenance to Daughter – Adult unmarried daughter sought past and continuing maintenance and marriage expenses from father – Family Court granted Rs.15,000 per month for 3 years prior to petition and Rs.17,000 thereafter, with Rs.20 lakhs for marriage expenses – High Court held maintenance claim from birth maintainable as petitioner was minor at filing –...
Criminal Law – Curative Petition – Acquittal – Petitioner convicted and sentenced to death in the Rimpa Haldar murder case based on a Section 164 CrPC confession and alleged recoveries under Section 27 of the Evidence Act – Subsequent acquittals in 12 companion cases based on same evidentiary foundation – High Court and later Supreme Court found the confession inadmis...