Judicial Discipline – Repeated Petitions – Abuse of Process – Petitioner repeatedly filed petitions under Section 340 Cr.P.C. seeking similar relief – Court dismissed previous petitions on the same grounds – Petitions considered as 'bench hunting' and abuse of process – Courts bound by doctrine of judicial discipline, findings of higher courts or coordin...
Proclaimed Offender – Procedural Compliance – Section 82 Cr.P.C. – Petitioner declared proclaimed offender for theft – Notice of proclamation issued but not published as per statutory requirement – Period between proclamation and hearing less than prescribed 30 days – Court found procedural lapses in compliance with Section 82 – Proclamation order quashed ...
Criminal Law - Default Bail - Limitation Period for Filing Charge-Sheet – Criminal Miscellaneous Petition against the rejection of default bail application – Judicial Magistrate dismissed the application under Section 167(2) Cr.P.C. for default bail and the Additional Sessions Judge dismissed the revision petition – Emphasis on the offence mentioned in the FIR and not the role of...
Criminal Law – Murder – Circumstantial Evidence – Lack of Motive – Appellants convicted for murder based on circumstantial evidence and extra judicial confession – Prosecution failed to prove animosity between accused and deceased – No motive established – Motive plays crucial role in circumstantial evidence cases – Conviction based on weak motive un...
Railways - Untoward Accident - Bona Fide Passenger - Sections 123(c)(2) and 124A of Railways Act, 1989 - Valid ticket found on deceased establishes prima facie that the person was boarding the train - Held that the deceased fell from the train due to an accident and lost his life - Respondent-Railways failed to provide cogent evidence to rebut this - Tribunal's reliance on an unproduced witnes...
Civil Procedure - Pleadings - Order 6 Rule 2 CPC - Pleadings must contain concise statements of material facts - Evidence is not required to be pleaded - Held that written statements must state material facts, not evidence - Evidence beyond pleadings deemed inadmissible - Defendant's claim that land was purchased by the deceased during his lifetime based on hard work and business of purchasing...
Criminal Law – Murder – Conviction based on Circumstantial Evidence – Appellant convicted under Section 302 IPC for the murder of his stepmother. Conviction primarily based on extra-judicial confession and evidence of last seen together. Supreme Court scrutinized the reliability of these evidences and found significant procedural lapses and inconsistencies, leading to the acquitt...
Criminal Law – Quashing of FIR and Charge-sheet – Criminal appeal against initiation of prosecution under TOHO based on second FIR – Challenge on grounds of constitutional violations and procedural lapses – TOHO being a special Act, its provisions take precedence over general laws – Supreme Court interpretation mandates that complaints under TOHO must be initiated by ...
Criminal Law – Negligent Driving – Petitioner convicted under Section 304-A IPC and relevant sections of the Motor Vehicles Act for causing death by negligent driving – Trial court and appellate court affirmed conviction – Revision court considered the petitioner's age, lack of mens rea, and absence of antecedents – Highlighted the potential of the petitioner&rsqu...
Criminal Law - Probation - Sections 360, 361 of Cr.P.C. - Sections 3, 12 of Probation of Offenders Act - Purpose of criminal law to reform individuals and maintain societal harmony - Petitioner convicted for forgery to obtain a loan - Sentence of rigorous imprisonment for two years - Petitioner's appeal dismissed by Additional Sessions Judge - High Court holds the trial and appellate courts fa...