Section 143A of the Negotiable Instruments Act, 1881 – Interim Compensation – Order of deposit of 10% of the amount of a dishonored cheque – Tenability – Whether the order can be made before the accused enters a plea of “not guilty” – Held, interim compensation under Section 143A(1)(a) can be granted only when the accused pleads not guilty to the accusatio...
Criminal Appeal – Conviction and sentencing under Section 302 IPC – Appellant challenged the High Court's affirmation of conviction and life sentence for murder – Primary contention involved delay in FIR and absence of direct evidence linking appellant to administration of poison. [Para 1-5]
Delayed FIR – Examination of whether a one-year delay in FIR registration im...
Criminal Procedure – Protest Petition Against Order Taking Cognizance – Inappropriateness of High Court’s Reference to Nupur Talwar Case – High Court erred in applying the principle of the Nupur Talwar case to the present matter, where the protest petition was against an order taking cognizance. The appellants successfully challenged the High Court’s judgment that inc...
Criminal Procedure – Uniform Criminal Practice Rules – The Supreme Court recognized inconsistencies and inadequacies in criminal trials across various High Courts. To address these, the Court proposed Draft Rules of Criminal Practice 2021 and directed all High Courts to adopt these rules to ensure uniformity and efficiency in criminal trials. [Paras 1-19].
Draft Rules of Criminal Pr...
The appellant, an Assistant General Manager at the State Bank of India, Overseas Bank, faced charges under the IPC and the PC Act. He contested the proceedings, arguing that he was entitled to protection under Section 197 of the CrPC and that no sanction was granted under Section 19 of the PC Act.
Issues: Whether the appellant falls under the category of a public servant not removable from...
Criminal Appeal – Quashing of FIR – Allegations of sexual offences and assault – Appellants seeking quashing of FIR – Examination of the factual matrix and legal submissions – Absence of specific details in the FIR regarding date and time of alleged offences – Completion of investigation and readiness of charge sheet – Court’s duty to examine whether...
Negotiable Instruments Act – Expeditious Trial – Dishonour of Cheque – Supreme Court issues directions to streamline and expedite the trial process for cases under Section 138 of the Act – Emphasis on the recording of reasons for converting summary trials to summons trials – Guidelines for service of summons and inquiry under Section 202 of the CrPC – Recommenda...
Criminal Appeal – Quashing of FIR – Appellant challenges High Court's order rejecting the Writ Petition to quash FIR – Final report subsequently filed by the investigation officer stating no case against appellant – Acceptance of final report by Additional Sessions Judge – Appellant seeks relief on the basis of these developments – Appeal disposed of. [Para ...
NDPS Act – Section 42 vs Section 43 – Recovery of poppy straw from a private vehicle on a public road – High Court erred in applying Section 43 instead of Section 42 – Vehicle was not a public conveyance – Total non-compliance with Section 42 impermissible – Compliance with Section 42 mandatory for search and seizure [Paras 1-15].
Legal Interpretation –...
Criminal Appeal – Quashing of FIR – Delay in lodging FIR – Allegations of robbery, criminal intimidation, intentional insult – Appellants challenging the continuation of criminal proceedings – Whether FIR discloses essential ingredients of offences – Consideration of delay in lodging FIR – Evaluation of criminal antecedents – Abuse of process of law ...