Criminal Law – Conviction Based on Circumstantial Evidence – Appellant Ram Chandra Thakur was convicted for the rape and murder of a 4-year-old child. The prosecution relied on the testimony of child witnesses (victim’s sisters) and the appellant’s disclosure statement leading to the recovery of the body. The court upheld the conviction based on circumstantial evidence, app...
Criminal Procedure – Quashing of FIR – Petitioners sought quashing of an FIR alleging illegal distribution of liquor during elections – Court held that the recovery of liquor and the specific allegations in the FIR were sufficient to establish a prima facie case – Political rivalry could not be grounds for quashing the FIR when the allegations disclosed a cognizable offence...
Arbitration Law – Challenge to Arbitral Award – Patent Illegality – SRMB Srijan Ltd. challenged the arbitral award on grounds of patent illegality, arguing that the correspondence between the parties constituted a waiver of the MGO clause and that the termination of the agreement was lawful. The Court rejected the argument, holding that there was no concluded contract for waiving...
Negotiable Instruments Act – Dishonour of Cheque – Appeal by the complainant against acquittal of the accused in a case under Section 138 – The cheque issued as a security for a loan was dishonored due to insufficient funds – Trial court and High Court both found in favor of the accused – Supreme Court upheld the acquittal, noting contradictions in the complainant'...
Rape and Criminal Intimidation – Conviction of Grandson for Raping Grandmother – Appellant challenged conviction for rape and criminal intimidation – Prosecution provided consistent evidence from the victim and corroboration from her daughter and neighbors – Appellant’s history of substance abuse considered – Delay in filing FIR deemed justified due to familial ...
Criminal Law – Acquittal in Rape Case – Contradictions in Prosecution's Case – Appeal against Acquittal under Sections 376, 506 IPC and Sections 4, 12 of POCSO Act dismissed by the High Court – The appellant, a minor victim, and her father challenged the acquittal of the accused (respondent no. 2) by the Trial Court in a case alleging rape and criminal intimidation &nda...
Drugs and Cosmetics Act – Quashing of Criminal Proceedings due to Delay in Drug Analysis Report – Violation of Statutory Rights – Right to Challenge the Government Analyst’s Report Nullified Due to Delay – Petitioners challenged the prosecution initiated under the Drugs and Cosmetics Act, alleging that the delay of more than 20 months in testing the drug sample depriv...
Criminal Law – Sanction for Prosecution – Application of Mind – Appellant challenged the validity of the sanction under Section 19 of the Prevention of Corruption Act, alleging that it was granted without application of mind and by an incompetent authority. The court held that the sanction order lacked necessary documentary evidence to show that the powers were properly delegated...
Hindu Succession Act – Daughters’ Right to Inheritance – Appeal challenged trial court’s decree granting 1/8th share of property to the respondent, a daughter of the deceased – Appellants claimed an oral agreement among heirs excluding daughters from the property share – Trial court decreed in favor of the respondent – High Court upheld the trial court&rsq...
Criminal Law – Prevention of Corruption – Demand and Acceptance of Bribe – Appeal against conviction under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 – Appellant, a storekeeper in the ESI Department, was accused of demanding ₹1000 as a bribe for supplying a Botex injection prescribed by NIMHANS hospital to the complainant – Prosecution relied on ...