Criminal Law - Appeal against conviction under Section 302 IPC - Murder – Reliability of Eyewitness Testimony – Conviction Reversed – The appellant was convicted under Section 302 IPC based on the testimony of two eyewitnesses (PW-4 and PW-5) – Both witnesses made significant omissions and contradictions in their statements, including inconsistencies about the number of sta...
Matrimonial Law - Maintenance – Adequacy of Awarded Amount – Financial Capacity of Husband – Petitioner-wife challenged the maintenance awarded by the Family Court on the ground that the husband earns more than ₹20,00,000 per month from multiple businesses, while she has no independent income—Held: The respondent-husband had suppressed his actual income and financial hold...
Bail – Offences Under BNS & JJ Act – Principles for Granting Bail – Petitioner accused of kidnapping a 15-year-old girl, taking her to different locations, and intoxicating her—Prosecution contended that petitioner was involved in an NDPS Act offence—Held: The only non-bailable offence alleged is Section 77 of the JJ Act, which carries a maximum punishment of 7 ye...
NDPS Act – Bail – Stringent Conditions under Section 37 – The accused was found in a passenger bus with a carton containing heroin concealed inside an inverter—Held: Under Section 37 of the NDPS Act, bail cannot be granted unless the Court is satisfied that the accused is not guilty and is unlikely to commit any offence while on bail—No prima facie material establishi...
Quashing of Criminal Proceedings – Section 482 CrPC – Summoning Order Lacks Reasons – The appellants were charged with manufacturing and distributing a drug declared as ‘Not of Standard Quality’ – The trial court issued summons without assigning reasons – The Supreme Court reiterated that a summoning order must reflect application of judicial mind and must...
Matrimonial Law - Presumption of Legitimacy – Paternity and Legitimacy under Section 112, Indian Evidence Act – Conclusive Proof – DNA Test Not Ordered – The Supreme Court held that a child born within a valid marriage is conclusively presumed to be legitimate unless non-access between spouses is proved – Mere allegations of an extramarital relationship or an addition...
Quashing of FIR – Civil Dispute with Elements of Criminality – FIR Not Quashed – The petitioners sought quashing of the FIR on the ground that the dispute was purely civil in nature and related to non-compliance with contractual obligations – Allegations included siphoning of ₹6.32 crore from complainants under false assurances of timely completion of a real estate projec...
Criminal Law – Appeal Against Acquittal – Injuries by Firearm – Trial court acquitted respondents Nos. 2 to 6 of charges under Sections 307/149, 147, 148, 324/149 IPC and Section 27 of the Arms Act – Prosecution proved that Respondent No. 2 (Dilip Singh) fired with a double-barrel gun causing simple injuries to the informant and his son – Medical evidence confirmed mu...
Criminal Law – Murder – Rape – Circumstantial Evidence – Death Sentence – Admissibility of Electronic Evidence - Conviction and Death Sentence – Appeal Against High Court Judgment – Appellant convicted for offences under Sections 302, 364, 366, 376(2)(m), 376A, 392 read with 397, and 201 IPC – Sentenced to death for murder (Section 302 IPC) and vario...
Criminal Law – Quashing of Proceedings – Wrongful Confinement and Human Trafficking – Supreme Court quashes proceedings against Ajay Malik under Sections 343, 370, and 120B IPC – High Court erred in rejecting his quashing petition despite lack of prima facie evidence – Complainant’s statements, no-objection affidavits, and presence of an alternative exit at the ...