Bail Petition – Change in Circumstances – Successive Bail Applications – Change in Circumstances Justified – The petitioner, previously denied bail, filed a subsequent petition based on new evidence where the victim and her mother claimed she was major at the time of the incident, and the relationship was consensual – Held: New statements of the victim and her mother,...
Criminal Law – Bribery – Demand and Acceptance – Importance of Corroboration – Appeal against acquittal of the accused for allegedly demanding and accepting a bribe – Held: Evidence of demand and acceptance must be proved beyond reasonable doubt; discrepancies in the prosecution's case, such as failure to corroborate the complainant’s version and procedural ...
NDPS Act – Grant of Bail – Procedural Compliance under Section 52A – The High Court granted bail solely on the grounds of delayed compliance with Section 52A concerning disposal of seized narcotics – Held: The delay in compliance constitutes a procedural irregularity but not an illegality vitiating the trial. Bail under the NDPS Act requires compliance with Section 37&rsquo...
Criminal Law – Conviction on Circumstantial Evidence – Appellant convicted under Section 302 IPC for the murder of his wife – Prosecution based on circumstantial evidence, including extra-judicial confession and footprints at the crime scene – High Court finds inconsistencies in prosecution's evidence, including contradictions in witness statements and lack of forensic ...
Family Law – Transfer of Petition – Dismissal of Transfer Application by the High Court – Conduct of Applicant Considered – Application by the wife under Section 11 of the Hindu Marriage Act, 1955, seeking the transfer of a petition from the Family Court in Jhajjar to Rupnagar – Applicant alleged the respondent-husband kidnapped their children and demanded money for d...
Murder – Circumstantial Evidence – Burden of Proof – Chain of Circumstances Proved – The prosecution established circumstantial evidence including CCTV footage showing the accused with the deceased, the purchase of poisonous pesticides by the accused, and the medical cause of death by poisoning – Disclosure statement leading to the recovery of the motorcycle and mobil...
Examination Malpractice – Proportionality of Punishment – Regulation 5(a) and Regulation 8 of Panjab University Calendar Volume II, 2007 – Writ dismissed - The petitioner challenged a two-year disqualification imposed for being caught with handwritten notes during the Law of Contract examination – The petitioner argued that the punishment was disproportionate and detrimenta...
Criminal Law – Procedural Violations – Appellant, a police inspector, conducted a raid on the respondent’s spa suspecting illegal activities – Raid led to the detention of an Indonesian citizen working as a massage therapist – FIR registered was later quashed due to procedural non-compliance – Court emphasized mandatory compliance with Section 15 of the ITP Act ...
Criminal Law – Quashing of Proceedings – Petitioner sought to quash proceedings under Section 482 Cr.P.C. for alleged offences under Section 498A IPC – Contention that Section 498A applies only to cruelty by husband or his relatives, and not applicable to live-in relationships – Prosecution conceded absence of a legal marriage between the parties – High Court referenc...
LOC and Travel Permission – Investigation by SFIO – Petitioner’s request to suspend LOC and permit travel abroad was declined by the Special Judge – High Court upheld this decision emphasizing the ongoing investigation involving significant economic offenses – Court found that petitioner failed to fully disclose assets and there was a risk he might not return to face ...