Criminal Law – Unlawful Assembly – Sections 147, 323/149 and 308/149 IPC – Cross-Case – Conviction Upheld – On 14.06.1982 at about 08:00 a.m., injured Kailash was repairing the southern wall of his hut when the five appellants, armed with lathis, reached the spot, assaulted him, chased and pushed him into a small pond (gadhai) where he became unconscious and was later...
National Security – Espionage – Bail – UAPA – Official Secrets Act – Second Bail Application – Suppression of Earlier Dismissal – Appeal Dismissed – Appellant, a sailor posted at Naval Dockyard Mumbai, was arrested on 19.12.2019 and has been in judicial custody for over six years – He is alleged to have communicated confidential information rel...
Criminal Law – Quashing - Proclaimed Person – Section 82 CrPC – Mandatory Requirements – Non-Compliance – Petitioner left India on 03.03.2015 and was thereafter summoned to face trial in a complaint case under Sections 324, 326, 148 and 149 IPC – Service could not be effected – Proclamation issued on 24.08.2016 specifying 01.10.2016 as the date of appearan...
Official Secrets Act – Espionage – Bail – Non-Furnishing of Written Grounds of Arrest – Section 47 BNSS / Article 22(1) – Petitioner arrested for alleged transmission of sensitive information relating to military establishments to Pakistani handlers through WhatsApp and electronic modes — FIR registered under Sections 3 and 9 of the Official Secrets Act, 1923 an...
Negotiable Instruments Act – Section 138 – Section 143A – Interim Compensation – Second Revision – Inherent Powers – Gross Injustice – Petition Dismissed with Costs – Respondent advanced a friendly loan of Rs.5,00,000/- to Petitioner and co-accused in several instalments – Cheque issued by Petitioner in discharge of liability was dishonoured fo...
Indian Forest Act – Sections 41 and 42 – Illicit Timber Transport – Acquittal – Appeal – Accused intercepted while driving a truck bearing registration No. HP-54-2257 allegedly transporting Khair logs without permit on 13.02.2005 – Police recovered 1.74 cubic meters of Khair wood – Accused acquitted by Trial Court on grounds of absence of independent witne...
SC/ST Act – Appeal under Section 14-A(1) – Order of Framing of Charge – Interlocutory Order – Maintainability – Appellants challenged the order of framing of charges under Sections 427, 504, 506 IPC and Sections 3(1)(da) and 3(1)(dha) of the SC/ST Act passed by the Special Judge, Deoria – Section 14-A(1) provides that an appeal shall lie from any judgment, sente...
Bail Jurisdiction – Scope of Powers under Section 483 BNSS – Constitutional vs. Statutory Power – Limits of Bail Court's Jurisdiction – High Court, while rejecting appellant's second bail application in a case under Sections 419, 420, 467, 468 and 471 IPC, directed the Trial Court to issue summons under Sections 62 and 69 Cr.P.C. and take coercive measures against p...
Criminal Law – Sections 120-B, 109, 302, 341 IPC - Murder – Criminal Conspiracy – Reversal of Acquittal by Supreme Court – Nine accused persons convicted by Trial Court for criminal conspiracy and murder of Dr. Subbaiah arising from a land dispute in Kanyakumari District – High Court reversed conviction and acquitted all accused – Supreme Court, on re-appreciati...
Criminal Law – Criminal Breach of Trust – Section 405 and 406 IPC – Provident Fund Deductions – "Employer" and "Occupier" – Ultimate Control – Petitioners were former General Managers and Branch Manager of Ayurdhara Pharmaceuticals, South Ancheri, a unit of the Kerala State Federation of Scheduled Caste and Scheduled Tribe Development Co-oper...