Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Section 302 r/w 34 IPC for the murder of deceased by attacking him with wooden logs – Trial court sentenced appellants to life imprisonment and imposed a fine of Rs. 10,000 each – On appeal, the High Court found that the evidence of the key prosecution witness (PW1) was unreliable, with contradi...
Criminal Law - Sexual Assault - Appeal Against Acquittal - The appellant contended that the trial court disregarded key evidence and failed to apply the statutory presumption under Section 29 of the POCSO Act in acquitting the accused of charges under Sections 354 and 323 IPC and Section 10 of POCSO - Held: On examination, the trial court’s reliance on inconsistencies in the complainant&rsqu...
Narcotics Law – Bail Application for Commercial Quantity of Cannabis – Extended Detention Under Section 36A(4) NDPS Act – Petition for regular bail under Sections 480 and 483 of BNSS due to procedural lapses in handling detention beyond 180 days and irregular sample verification – Petitioner alleged that procedural violations, including failure to involve a Magistrate in sa...
Family Law – Maintenance for Children – Father's Obligation – Petitioner contested the Family Court’s order awarding monthly maintenance to his two daughters, arguing inability to pay and asserting that the court did not allow him sufficient opportunity to submit objections – Court held that as the daughters’ legal guardian, the father is obligated...
Criminal Law – Right to Bail in Extended Detention – Application of Section 480(6) of BNSS – The petitioner was held in custody for over two years, with the trial progressing slowly due to procedural delays – Section 480(6) mandates release if trial for non-bailable offenses triable by a Magistrate is not concluded within 60 days from the first date fixed for evidence &ndas...
Anticipatory Bail – Scope and Limitations – Severity of Offense and Risk of Public Disorder – Applicants sought anticipatory bail, arguing limited involvement in an alleged assault with general allegations and no prior criminal history – Court emphasized that anticipatory bail is extraordinary relief meant for false or frivolous cases, not a shield for avoiding lawful proce...
Criminal Law – Cheating and Breach of Trust – Prima Facie Case for Summons – Petitioner challenged the order setting aside summons issued against Educomp and associates for alleged fraud and misrepresentation in a joint venture – Court found that allegations involved a contractual dispute lacking evidence of fraudulent intent at inception, dismissing claims under Sections 4...
Narcotic Drugs – Illegally Transporting Ganja – Mandatory Compliance under NDPS Act – Conviction Reversed: Appellants were convicted for illegal transportation of 30 kg of ganja. Trial Court’s conviction based on non-compliance with Section 52A of the NDPS Act. Karnataka High Court held that the seizure, inventory, and sampling of the contraband did not follow the mandatory...
Motor Accident Claims – Compensation Enhancement – Appeal for enhancement of compensation awarded for the death of a 19-year-old in a motor accident. The claimants argued that the MACT applied the wrong multiplier by considering the parents' ages instead of the deceased’s age. The Court held that, as per Sarla Verma, the correct multiplier should be based on the deceased'...
Criminal Law – Murder Conviction – Appeal against the conviction for the murder of Nem Singh – Conviction based on circumstantial evidence – Recovery of axe and blood-stained clothes from appellant’s house deemed insufficient as primary evidence under Section 27 of the Evidence Act – Conviction also questioned due to lack of clear motive and chain of evidence [P...