Criminal Law – Employer’s Liability for Workplace Accident – No Prima Facie Case Under Section 304 IPC – Appellants engaged in interior decoration work were accused of causing death by negligence after two employees were electrocuted while working on a shop signboard – Prosecution alleged lack of safety measures such as rubber shoes and belts – Trial Court and H...
Criminal Law - Will – Fraud and Undue Influence – Whether Execution Was Valid – The plaintiff-respondent challenged the Will executed by his father Lodhe in favor of the appellant—Trial court and appellate court found that the Will was obtained through fraud and undue influence, as the testator was ill, illiterate, and under the influence of alcohol—Held: Execution of...
Employment Law - Cancellation of Recruitment Process – Right to Appointment – No Indefeasible Right – Cancellation Justified – The mere inclusion of candidates in a selection list does not confer an indefeasible right to appointment – The government retains the discretion to cancel the recruitment process if found irregular, provided the decision is bona fide – ...
Criminal Law – Culpable Homicide vs. Murder – Whether Conviction Under Section 302 IPC Warranted – The trial court convicted the accused under Section 304-II IPC for causing fatal injuries to the deceased with an axe—State contended that the assault was intentional and warranted conviction under Section 302 IPC—Held: Evidence indicates the accused had knowledge that t...
NDPS Act – Bail under Section 37 – Procedural Lapses Considered – Applicants accused of dealing in commercial quantities of Codeine Phosphate and Nitrazepam—Prosecution relied on recovery of contraband and WhatsApp chats—Defense argued procedural violations, including absence of proper certification under Section 52A—Held: Strict compliance with statutory proced...
Criminal Law - False Affidavit – Whether Cognizance Under Section 340 CrPC Valid – Petitioner challenged cognizance taken by Magistrate under Sections 193/199/209 IPC—Held: Cognizance taken without a preliminary inquiry violates procedural safeguards—Order set aside [Paras 10-13].
Jurisdiction – Whether Application Should Have Been Heard by Original Court – C...
Criminal Law - Dismissal of Complaint – No Prima Facie Case – Allegations Patently Absurd and Inherently Improbable - The petitioner alleged an elaborate conspiracy involving multiple accused, claiming she was shot 25 times but survived due to homeopathic medicine – The Magistrate dismissed the complaint under Section 203 Cr.P.C., finding the allegations ex-facie improbable &ndas...
Criminal Law - Preventive Detention – Distinction Between "Law and Order" and "Public Order" – The petitioner was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985, as a "dangerous person"—Challenged the detention order, arguing that the offences registered against him relate to "law and order" and do not disturb &qu...
Negotiable Instruments Act – Single Complaint for Multiple Cheques – Whether Maintainable – The petitioner challenged the complaint under Section 138 of the NI Act, arguing that separate complaints should have been filed for each of the four dishonoured cheques – Contended that under Section 219 CrPC, no more than three offences can be tried together – Held: A single ...
Bail - Rape on False Promise of Marriage – Whether Offence Under Section 376 IPC Made Out – The appellant contended that the victim voluntarily accompanied him and had a consensual relationship—Held: The accused initially promised marriage but later refused solely due to the victim’s caste—Since the promise was insincere from inception, it constitutes rape under Secti...