Consumer Law – Execution of Order – Warrant of Arrest Not Permissible Under CrPC – Arrest Order Quashed - Forum directed arrest of petitioner in execution of its order though petitioner was not a party to the original consumer complaint – Held: Consumer Forum lacks authority to issue warrant of arrest under CrPC—Execution must follow CPC provisions under Order XXI&mda...
Criminal Law - Victim Compensation – Enhancement – Application of Gujarat Victim Compensation Scheme – Compensation Enhanced – The trial court awarded Rs.3,00,000/- as compensation to the minor victim of rape without assigning proper reasons – High Court held that as per the Gujarat Victim Compensation Scheme, 2019, considering rape, resultant pregnancy, and the minor...
Criminal Law - Section 482 CrPC/Section 528 BNSS – Seeking Direction for Fair Investigation – No Right of Accused to Dictate Manner or Agency – Petition Dismissed – Petitioner sought direction to conduct investigation in a free and fair manner and impliedly questioned investigating agency – Supreme Court precedents cited to hold that an accused has no right to dictate...
Criminal Law – Quashing - Criminal Breach of Trust and Cheating – Prima Facie Allegations – Petition to Quash FIR Dismissed – The petitioner company had awarded a subcontract under a major irrigation project to a contractor who further sublet to the complainant – Despite knowledge and involvement, petitioners denied privity of contract – Held: Documents show sup...
Criminal Law - Quashing of Criminal Proceedings – Section 482 CrPC – Improper Exercise of Inherent Powers – High Court Erred – High Court quashed proceedings against the respondent solely on the basis that he played a minimal role and received a small alleged bribe – Held: High Court erred by evaluating sufficiency of evidence and engaging in a ‘mini-trial&rsquo...
Criminal Law - Murder – Ocular Evidence – Medical Corroboration – Conviction Upheld – The appellant was convicted for murdering the deceased by inflicting multiple knife blows – The conviction was challenged on the ground of false implication and contradictions in witness testimony – Held: Testimonies of three eyewitnesses, who were family members of the decease...
Criminal Law – Murder - Appeal against conviction - Extra-Judicial Confession – Admissibility under Section 8 of Evidence Act – Confession Voluntarily Made – Conviction Upheld – Appellant confessed to killing his wife before village chowkidar and other witnesses, then surrendered at the police station with blood-stained Gandasa and a country-made pistol – Such c...
Bail – Anticipatory Bail in Economic Offences – Orders Set Aside – SFIO challenged anticipatory bail granted to several accused by the High Court despite earlier non-bailable warrants and proclamation orders issued by the Special Court – Held: High Court erred in granting anticipatory bail ignoring mandatory provisions under Section 212(6) of the Companies Act and repeated ...
Criminal Law - Murder – Eyewitness Testimony – Conviction Upheld – Presence Proved – Appellant assaulted his brother with a trident and bamboo lathi, packed the body in a gunny bag, and disposed of it in a jungle – Held: Evidence of P.W.13 and P.W.16, corroborated by recovery of the body and medical testimony, proved the crime beyond doubt [Paras 6, 8-10].
Dying De...
Unlawful Activities – Bail under UAPA – Long Incarceration – Bail Granted - Appellant, accused of involvement in ISIS-related recruitment and conspiracy, was in custody since 02.08.2023 – Charge not yet framed and further investigation ongoing – Court considered prolonged incarceration, bleak chances of trial commencement, and parity with similarly placed co-accused w...