Anticipatory Bail - Repeated Petitions - Clear Role in Grievous Injury - Second petition for anticipatory bail dismissed - Petitioner caused grievous injury with a Kirpan - CCTV footage not conclusive - Number of persons collectively caused injuries - Injury punishable under Section 326 IPC - Petitioner does not deserve anticipatory bail. [Paras 9-10]
Repeated Petitions - Circumstance...
Criminal Procedure - Bail Cancellation - Non-Appearance - Bail cancelled and petitioner declared proclaimed offender due to non-appearance - Petitioner claimed non-appearance due to lack of communication - Household lady not conversant with court proceedings - Bail restored with conditions. [Paras 3-5, 12]
Leniency in Bail Matters - Ensuring Presence for Trial - Analysis - While petit...
Negotiable Instruments Act - Section 138 Complaint - Rebuttable Presumption - Complaint dismissed and respondent acquitted - Respondent rebutted the presumption under Section 139 - Complainant failed to prove legally enforceable debt - Appeal dismissed. [Paras 1-10]
Burden of Proof - Financial Capacity - Analysis - Complainant failed to provide evidence of financial capacity to advanc...
Constitutional Law - Right to Life and Liberty - Live-in Relationship - Petitioners, both majors, seek protection from threats due to their live-in relationship - One petitioner not of marriageable age - Held, Constitution protects the liberty to pursue a way of life - Right to life and liberty includes the right to live with a partner of choice - Petitioners entitled to protection. [Paras 1, 15-1...
Negotiable Instruments Act - Proprietorship Liability - Criminal Petition challenging summoning order and amended complaint under Section 138 of the NI Act - Sole proprietorship firm not initially arrayed as accused - Summoning order set aside and amended complaint filed - Held, sole proprietorship does not fall within the ambit of Section 141 of NI Act - Proprietor and proprietorship are one and ...
Criminal Law – Petition under Section 482 Cr.P.C. for quashing of defamation charges – Accusations against the petitioners (including the Chief Minister of Delhi) for imputing that BJP had orchestrated deletion of voter names from specific communities – The High Court examined the validity of summoning orders issued by the Magistrate and upheld by the Sessions Court – Court...
Evidence Law - Disclosure Statements – Criminal Appeal – If no recovery was made pursuant to the disclosure statement, it is hit by Section 25 of the Indian Evidence Act and cannot be relied upon – Held that no reliance can be placed on disclosure statements where no recovery was effectuated. [Para 38]
Criminal Procedure - Footprint Evidence – Investigation in ...
Criminal Law - Murder and Conspiracy – Appeal – Evidence – Conviction challenged due to lack of recovery of material objects – No proof of appellant administering poison – Liquor bottle, residue, and steel tumbler not recovered – Absence of material evidence weakens prosecution case – Conviction set aside – Appellant acquitted. [Paras 1-24]
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Regular Bail – Fresh Investigation – Police Jurisdiction – Section 439 Cr.P.C. – Petitioners declared innocent after initial charge sheet – Court held that police have no power to conduct fresh investigation or re-investigation – Converting inquiry report into a supplementary report under Section 173(8) Cr.P.C. is violative of procedural laws – Suo moto ex...
Habeas Corpus – Custody of Minor – Welfare Paramount – Section 13 of Hindu Minority and Guardianship Act – Petition dismissed – No inherent right vested in husband or his relatives to claim custody of minor girl by filing writ of habeas corpus – Welfare of minor paramount, husband being natural guardian immaterial – Court directed minor to shelter home for...