Quashing of Proceedings – SC/ST Act and IPC – Petitioner sought quashing of criminal proceedings initiated under IPC and SC/ST Act – High Court found the complaint to be rooted in a civil land dispute rather than genuine allegations of caste-based atrocities – Emphasized principles from Priyanka Srivastava and Bhajan Lal cases regarding misuse of criminal law for settling c...
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...
Passport Application – Rejection on Grounds of Family’s Criminal Antecedents – Fundamental Rights Violated - The Court examined the rejection of passport applications on the ground of criminal records of the petitioner’s husband and father-in-law – Held: Criminal antecedents of family members cannot influence assessment of the petitioner’s character or eligibili...
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...
Corruption Law – Quashing of FIR – Petitioners sought quashing of FIR for disproportionate assets – Allegations against petitioner No.1 of acquiring assets disproportionate to known sources of income – Preliminary enquiry not mandatory in all corruption cases – FIR upheld despite lack of preliminary enquiry – Supreme Court precedents on preliminary enquiry and F...
Criminal Law – Quashing of FIR – Compromise between parties – Petitioners sought quashing of FIR No. 65 of 2019 under Sections 307, 325, 324, 341, 504, 506, 147, 148, and 149 IPC registered at Police Station, Bhuntar, District Kullu, H.P. – FIR lodged by complainant following an altercation and assault leading to grievous injuries – Compromise reached between the part...
Criminal Law - Prevention of Corruption Act – Demand and Acceptance of Bribe – Presumption under Section 20 – High Court’s Judgment Reversed - The appellant contended that the High Court erred in acquitting the respondent despite strong evidence of demand and acceptance of Rs. 2,000 as illegal gratification. The Court observed that the prosecution had established both deman...
Criminal Law – Dying Declaration – Admissibility – Victim’s statement did not indicate she was forced to consume poison – No history of poison consumption provided to Medical Officer – Statement did not constitute circumstances of death – Excluded as dying declaration [Para 26].
Criminal Law – Rape with Minor – Acquittal – No...
Predicate Offence and PMLA Proceedings – Stay Request – Petitioner's pending appeal against conviction under the PC Act – Court holds no merit in argument to stay PMLA proceedings as conviction stands unless stayed by appellate court – Continued proceedings justified [Paras 18-20].
Proceeds of Crime – Definition and Existence – Argument that no ...
Criminal Law – Conviction under NDPS Act – Procedural lapses – Sealing and Chain of Custody – Acquittal Ordered – The appellants were convicted under Sections 15 and 25 of the NDPS Act and sentenced to rigorous imprisonment. The court found significant procedural lapses, including the failure of the chemical examiner to re-enclose examined substances in sealed cloth p...