Pension and Gratuity – Withholding due to Criminal Cases – Petitioner, a former lecturer, sought release of pensionary benefits – Criminal cases pending but no conviction – No departmental proceedings initiated – Held, pendency of criminal cases without conviction is not a ground for withholding pensionary benefits – Cited precedents affirming pension as a right...
Bail – NDPS Act – Grant of Bail – Petitioners charged with transportation of narcotics – Trial Court had granted bail to similarly placed co-accused – Petitioners alleged to be mere drivers with no previous criminal record – High Court grants bail considering parity and lack of previous criminal involvement [Paras 1-8].
Offence under NDPS Act &ndash...
Criminal Procedure – Quashing of FIR – The application for quashing the FIR was based on the grounds that the alleged cause of action occurred at Indore, and the FIR was lodged as a counter-blast to a divorce petition filed by the applicant. The Court held that the existence of a counter-blast motive and the different residence claims did not justify quashing the FIR as these are matte...
Bail Application – NDPS Act – Allegations of transporting 221 kg of Ganja – Applicants, driver and co-driver, argue false implication and non-compliance with statutory provisions – No independent public witnesses, contraband owner not applicants – Special Acts necessitate timely trial – Bail granted due to prolonged incarceration and trial delay – Referenc...
Criminal Law – Conviction for Gang Rape – Appeals against High Court's decision to convert acquittal into conviction for gang rape under Section 376(2)(g) IPC – Trial Court initially acquitted the accused for lack of corroborating evidence, citing potential consensual sexual intercourse – High Court, on appeal, set aside acquittal, ordered retrial, and subsequently conv...
Criminal Law – Section 494 IPC and Section 34 IPC – Quashing of Proceedings – High Court of Kerala’s decision rejecting quashing of proceedings against accused for bigamy upheld by Supreme Court – Challenge in Supreme Court against High Court’s decision maintaining trial court’s decision to frame charges for bigamy against accused – Accused alleged t...
Criminal Law - Conviction based on dying declaration - Appellant convicted for murder under Section 302 IPC - Rekha, wife of appellant, sustained fatal burn injuries - Prosecution relied on dying declarations (Ex. 59) and witness testimonies - Trial court convicted appellant, acquitted other accused family members - High Court upheld conviction - Appellant argued inconsistencies in testimonies and...
Criminal Law – Arrest and Remand Procedures – Constitutionality and Legality of Arrest under UAPA – Supreme Court directed release of the appellant – Grounds of arrest must be communicated in writing at the earliest – Arrest and remand order found invalid due to non-communication of grounds of arrest to the appellant – Ratio of Pankaj Bansal case applied –...
Criminal Law – Conviction Quashed – Appeal by the accused against High Court’s judgment upholding conviction under Sections 354D and 506-Part I IPC – Appellant and complainant married during the appeal's pendency – Supreme Court invoked Article 142 of the Constitution of India to quash the conviction to preserve matrimonial harmony – Impugned judgments set a...
Criminal Law - Quashing of FIR and Charge-sheet – Criminal Appeal against High Court order rejecting petition to quash FIR for criminal trespass, property damage, and threats – FIR filed for offenses under Sections 447, 427, 294, 506 read with Section 34 IPC – Allegations involve trespass and demolition of property – Appellant contends the FIR is false, with significant del...