Service Law – Transfer of Bank Officer – Mid-term and Frequent Transfers – Judicial Review – Petitioner, a specialised officer (Senior Manager (Law), Scale-III), transferred thrice within a short span including transfer within two months from Bahraich to Salem, Tamil Nadu – Despite normal tenure of three years prescribed under Bank’s Transfer Policy – Cour...
Criminal Law – Murder – Conviction reversed – Deceased was found hanging – Initial police investigation treated death as suicide – Case later altered to homicide based on delayed statements of eyewitnesses – Appellants convicted under Section 302 r/w 34 IPC by Sessions Court – High Court finds that eyewitnesses (PW-6 and PW-10) did not inform police of all...
Criminal Law – Quashing of FIR – Scope and Limits – Appellants sought quashing of FIR and summoning order at pre-trial stage – Court reiterated that inherent jurisdiction can be exercised only where allegations, taken at face value, do not disclose commission of any offence – High Court cannot conduct a mini trial or assess veracity of evidence at cognizance stage [Pa...
Bail – Medical Grounds – UAPA Offences – Statutory Embargo under Section 43-D(5) – Appellant aged 77 sought bail citing multiple ailments including cardiac disease, pacemaker implantation, urological, ophthalmic and neurological conditions – Held: Bail on medical grounds can be granted only in exceptional cases where medical condition cannot be adequately treated in c...
Criminal Law - Quashing – Proclaimed Offender – Compliance with Section 82 CrPC Mandatory – Petitioner declared proclaimed offender under Section 82 CrPC despite offences being bailable and co-accused having been released on probation – Held: Trial Court failed to comply with the mandatory procedure under Section 82(1) CrPC including absence of 30-day notice, failure to rec...
Criminal Law – Abetment of Suicide – Quashing of FIR – Scope of Section 482 CrPC – Applicants sought quashing of FIR registered under Section 306 read with Section 34 IPC alleging that mere utterance of insulting words does not amount to “abetment” – Court examined statutory scheme under Sections 306, 107 and 108 IPC and settled principles governing &ldquo...
Railways Act – Offence under Section 143(1)(b) – Illegal Sale of Railway Tickets – Conviction Upheld – Petitioner apprehended by RPF while in possession of two Tatkal tickets not in his name – Unable to offer explanation for possession – Witness testimony of RPF officials and PRS clerk corroborated seizure and conduct – Trial and appellate court upheld con...
Criminal Law – Dishonour of Cheque – Directors’ Liability – Quashing of Complaint – Petitioners sought quashing of criminal proceedings initiated under Sections 138/141 of the NI Act on ground that no specific role was attributed to them in the complaint – Held: Mere reproduction of statutory language not sufficient – Complaint must aver how each director ...
Civil Law - Civil Procedure Code – Order VII Rule 11(d) – Rejection of Plaint – Limitation – Suit for cancellation of sale deed – The plaintiff/respondent No. 1 filed a civil suit in 2021 seeking declaration and permanent injunction to set aside a sale deed dated 18.06.2008, alleging it was based on a forged Power of Attorney – The plaintiff admitted knowledge o...
Criminal Law - Excise Offences – Illegal Possession and Transport of Liquor – Acquittal – Appellant convicted for transporting illicit liquor containing ethyl alcohol unfit for human consumption – Trial Court convicted under Sections 32 and 34 of Karnataka Excise Act – High Court finds prosecution failed to comply with mandatory provisions of Sections 53 and 54 of the...