Criminal Law - Procedural Compliance under NDPS Act – Compliance with Section 42 NDPS Act –Search and Seizure Requirements – Appellants charged and tried under Sections 21(c) and 8(c) of the NDPS Act – Conviction and sentence of 14 years imprisonment and a fine of Rs. 2 lakhs each challenged – Defence contended non-compliance with Section 42 of the NDPS Act – He...
Criminal Law - Abetment of Suicide - Conviction under Section 306 IPC - Requirement of Positive Evidence - Indian Penal Code, 1860 - The appellant, convicted for abetment of suicide based on allegations of harassment in a suicide note, was acquitted. The court held that there must be cogent evidence proving that the appellant had any direct role in abetting the deceased to commit suicide. Mere all...
Information Technology Act, 2000 - Exemption from Liability - Intermediary Role - Held, Facebook India Ltd. is an intermediary and does not control or operate servers hosting content. No allegations of conspiracy or inducement against it. Exempt from liability under Section 79 of the IT Act. Not a necessary party to the suit.
Copyright Act, 1957 - Section 52(1)(c) Compliance - Pre-sui...
Criminal Law - Cause of Death - Hanging vs. Strangulation - Forensic evidence and medical jurisprudence distinguish hanging from strangulation - Strangulation characterized by horizontal ligature marks, injuries to neck muscles, and ruptured carotid arteries - Post-mortem showed injuries consistent with strangulation, not hanging - Appellant's claim of suicide rejected - Conviction upheld. [Pa...
Criminal Law - Plea of Insanity - Section 302 IPC - Appellant convicted for murder - Defense under Section 84 IPC claiming schizophrenia - Evidence showed appellant's behavior did not support claim of unsoundness of mind at the time of the crime - Legal insanity not established - Appeal dismissed. [Paras 26, 37]
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Criminal Law – Probation – Release on Probation – Petition challenging conviction and seeking probation under Section 4 of Probation of Offenders Act, 1958 and Section 360 Cr.P.C. – Petitioners convicted for constructing roads and setting up unauthorized colony without permission – Trial Court and Lower Appellate Court sentenced petitioners to simple imprisonment for ...
Criminal Law – Rape of Minor – Conviction under Section 376(2)(f) IPC – Appeal against conviction for raping a 7-year-old girl – Victim's testimony corroborated by medical evidence – Delay in lodging FIR explained due to non-identification of the accused initially – High Court finds testimony of the minor victim credible and consistent with the prosecution&r...
Criminal Law – Bribery and Corruption – Conviction under Sections 7 and 13(2) of Prevention of Corruption Act – Trial court found appellant guilty of taking bribe for restoring electric supply – Appellant argued that complainant had poor moral character and shadow witness did not support prosecution – Held, termination of complainant unrelated to moral character &ndas...
Indian Penal Code, 1860 - Sections 302, 307, 506, 148, 149 - Conviction - Complainant party alleged accused of committing murder - Medical evidence indicated a 12 bore shot fired from close range, contradicting the complainant's version of indiscriminate firing from a distance - Held, the medical evidence did not support the ocular version of the complainant and eyewitnesses - Conviction set a...
Criminal Law – Negotiable Instruments Act – Vicarious Liability of Directors – Ex-Director Liability – Petitioner resigned prior to issuance of disputed cheque – Form No. 32 and annual return showed resignation – Held, Magistrate not justified in summoning petitioner without specific averments in the complaint regarding his role in conduct of company’s bus...