Negotiable Instruments Act – Section 138 – Dishonour of cheque – Notice – Petitioners challenged the maintainability of complaints against them due to lack of individual notice – High Court held that notice to the Trust through its Trustees was sufficient, deeming all Trustees to have been served – Complaints were considered maintainable as per the statutory req...
Money Laundering – Section 45 PMLA – Twin Conditions and Long Incarceration – Applicant filed for bail in an ongoing PMLA case where he is accused of siphoning ₹71.78 Crore from a cooperative bank – Applicant had completed over half of the maximum sentence, i.e., 3 years and 6 months in custody – Held: Despite the rigors of Section 45 PMLA, constitutional ...
Criminal Law – Grievous Hurt – Conviction under Section 326 IPC – Appellant convicted under Section 326 of the Indian Penal Code for grievous injury inflicted on the complainant (PW-2) with a sharp weapon – Incident occurred on 28.02.1980, when PW-2, a rickshaw puller, was allegedly taken by the appellant and co-accused to a secluded location under the pretense of a discuss...
Contempt of Court – Non-compliance with Court Orders – Government’s failure to implement High Court’s order dated November 28, 2022, for the appointment of Multipurpose Health Assistants (Male) – Persistent disobedience by authorities despite repeated directions and issuance of proceedings to enforce compliance – Authorities’ actions characterized as willf...
Criminal Conspiracy – Standard of Proof – Acquittal of Accused – The prosecution’s case alleged a conspiracy to facilitate a jailbreak by smuggling explosive materials into Burail Jail. Witnesses turned hostile, key incriminatory evidence such as communication devices were unrecovered, and contradictions in arrest dates created doubt. Held: Prosecution failed to establish t...
Criminal Law – Murder – Appeal against conviction - Circumstantial Evidence – Requirement of a Complete Chain – Appeal Allowed – The appellant was convicted for murder and disposing of evidence under Sections 302 and 201 IPC based on circumstantial evidence alone. The Supreme Court reviewed whether the evidence constituted a complete and conclusive chain that pointed ...
Bail – Commercial Quantity of Ganja – Rebuttal of Statutory Presumption under Section 37 of the NDPS Act – Bail Granted - The petitioner was found in possession of 200 kg of ganja, classified as a commercial quantity under the NDPS Act, raising a statutory presumption against bail under Section 37 – The petitioner argued procedural violations, particularly improper sampling...
Criminal Law - Quashing Criminal Proceedings – Scope of Section 354D IPC – Analysis of the stalking offense under Section 354D IPC revealed insufficient grounds as the accused’s actions did not imply intent to outrage the modesty of the respondent – Held that conflicts between the petitioner and respondent do not fall within the purview of stalking under Section 354D IPC [P...
Labour Law - Industrial Disputes – Relevance of Additional Documents – Section 10(1B)(d) of the Industrial Disputes Act – Petition to Submit Evidence Denied - The petitioner sought permission to submit additional documents before the Industrial Tribunal to demonstrate the respondent's alleged misconduct, arguing that these documents, including criminal complaints and general ...
Criminal Law - Double Jeopardy – Parallel Prosecution – Section 304-A IPC vs. Section 92 of the Factories Act – Quashing of Proceedings – The petitioners challenged the simultaneous criminal prosecution under Section 304-A of IPC alongside charges under Section 92 of the Factories Act, 1948, for the same incident of a worker's death due to electrocution at the factory &...