Defamation – Issuance of Summons – Petition challenging the order of the Judicial Magistrate First Class-III, Mandi, H.P., issuing summons to the petitioners in a defamation case filed by the complainant – The complaint alleged defamatory publications in newspapers with mala fide intention to defame the complainant – Trial court issued summons without properly considering t...
Criminal Law – Rape and Murder – Conviction and Acquittal – Appellant convicted of raping and murdering a ten-year-old girl and concealing her body under haystack at a tubewell cabin – Trial Court imposed the death penalty, which was commuted to life imprisonment by the High Court – Supreme Court finds deficiencies in evidence and procedural lapses, includin...
Criminal Law - Electricity Theft – Prima Facie Evidence and Proceedings – Revision Against Charge-Sheet – The petitioner challenged the proceedings under Section 135(1)(a) of the Electricity Act, claiming that he was a legitimate consumer of the West Bengal State Electricity Distribution Company Ltd., paying regular bills, and that no submersible pump or unauthorized connections ...
Criminal Law – Kidnapping and Aggravated Penetrative Sexual Assault – Appellant convicted for kidnapping a minor girl and committing aggravated penetrative sexual assault multiple times – Trial court imposed life imprisonment for the remainder of his natural life and additional ten-year imprisonment under IPC Section 366(A) – High Court modified sentence based on discrepanc...
Bail – NDPS Act – Non-Compliance with Section 42 – Allegation of Recovery of 150 Kg Poppy Husk – Petitioner argues non-compliance with mandatory provisions of Section 42 NDPS Act – Custody since January 5, 2023 – Right to speedy trial emphasized – Custody certificate indicates over 18 months in detention – Bail granted with conditions [Paras 1-10].
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Medical Termination of Pregnancy – Petition for Termination Beyond 24 Weeks – Petitioner, a rape survivor, seeks termination of 25+ weeks pregnancy – Medical Board denied termination citing risks and possibility of live birth – Court considers autonomy, health risks, and viability of the fetus – Directions for re-examination by PGIMER – Conditions imposed if ter...
Conviction for Kidnapping – Failure to Prove Threat or Demand for Ransom under Section 364-A IPC – Essential elements under Section 364-A IPC include kidnapping, threat of death, and demand for ransom – Prosecution failed to provide call records or evidence linking cell phones to ransom calls – Decision: Conviction under Section 364-A IPC was set aside; appellants convicted...
Motor Accident Claims – Contributory Negligence – Compensation – The insurance company contested the award of compensation to the claimants on the grounds of contributory negligence by the driver of the deceased’s vehicle – The Court held that the insurance company failed to provide sufficient evidence to substantiate the claim of contributory negligence – Affir...
Criminal Law – Vicarious Liability – Complaint Quashing: Complaint filed by National Housing Bank alleging violations under Section 29A of the National Housing Bank Act against the company and its directors – High Court quashed the complaint for non-compliance with the requirements similar to those in Section 141 of the Negotiable Instruments Act – Supreme Court h...
Juvenile Justice – Bail – Denial of Bail by Juvenile Justice Board and Children’s Court – Rejection based on social investigation report citing lack of parental care and potential risks to the child and victim – High Court holds denial of bail improper due to absence of substantive material supporting concerns raised – Accusatory language used in orders contrave...