Criminal Law – Circumstantial Evidence – Conviction Based on Last Seen Together and Recovery of Incriminating Articles – Acquittal Ordered – The prosecution relied on circumstantial evidence to convict the appellant for murder under Section 302 IPC and causing disappearance of evidence under Section 201 IPC – The court discussed the principles governing circumstantial...
Regular Bail – Delay in Lodging FIR – Custody Duration Considered – Bail Granted – The petitioner sought bail in a case registered four years ago, contending a 10-day delay in lodging the FIR and insufficient evidence linking him to grievous injuries under Section 308 IPC – The petitioner has already undergone seven months and 16 days in custody, and the investigation...
Criminal Law – Quashing - Section 138 of the NI Act - Vicarious Liability of Non-Signatory Directors – Liability Under Section 141 NI Act – Petition Dismissed – The petitioner, a company director, sought quashing of a summoning order under Section 138 NI Act, contending she had no role in financial transactions or issuance of the dishonored cheque. Held: Under Section...
Service Law – Recruitment Process – Petition challenging recruitment and transfer process for Range Forest Officers – Petitioner ineligible based on service duration at notification time – Tribunal's dismissal upheld – High Court emphasizes strict adherence to eligibility criteria and procedural rules in recruitment [Paras 1-11].
Public Service Commission Rules...
Criminal Law - Right to Fair Trial – Examination of Defense Witnesses – Section 233 of Cr.P.C. – The petitioners sought to examine eight witnesses, including prominent individuals, as part of their defense in a high-profile dacoity and murder case – Held: The right to present a defense and examine witnesses is integral to a fair trial under Article 21 of the Constitution &n...
Criminal Law – Quashing - Extortion – Ingredients under Section 383 IPC – Not Prima Facie Made Out – Quashing of FIR Allowed – To establish extortion under Section 383 IPC, there must be intentional fear caused, dishonest inducement, and delivery of property by the victim. In this case, the complainant, who was not a direct victim, alleged extortion under the Electora...
Criminal Law – Bail Application – Offence under Section 108 of Bharatiya Nyaya Sanhita (BNS), 2023 – Bail Granted – The petitioner, accused of receiving Rs. 65,00,000 on the promise of arranging a job in Australia and failing to fulfill the promise, resulting in the suicide of the complainant, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita...
Grant of Bail – Intermediary Quantity under NDPS Act – Rigor of Section 37 Not Applicable – Bail Granted – The applicant was charged with possession of 14.700 grams of Mephedrone, which is below the commercial quantity threshold. The court held that the rigors of Section 37 of the NDPS Act were inapplicable and considered the completion of investigation and filing of charge...
Criminal Law - Customs Act – Alleged Possession of Contraband Gold – Acquittal Upheld – The accused was charged with unlawful possession of 1000 tolas of primary gold under the Customs Act, 1962, and Gold (Control) Act, 1968 – Prosecution relied heavily on the confessional statement under Section 108 of the Customs Act and testimony of DRI officials – No independent w...
Criminal Law - Jurisdiction to Take Cognizance – Section 195(1)(b) of Cr.P.C. – Complaint Not Filed in Competent Court – Quashing of Complaint Ordered – A complaint alleging forgery and conspiracy regarding a document used in Regular Civil Suit No. 427/1999 was filed before a Magistrate not having jurisdiction under Section 195(1)(b) of Cr.P.C., which mandates that only the...