Criminal Law – Quashing of Proceedings under Sections 420/406/34 IPC – Criminal Revisional – Petitioners sought quashing of proceedings in alleging deception and financial loss related to a cancelled marriage arrangement – High Court examined allegations under Sections 420 (Cheating and dishonestly inducing delivery of property) and 406 (Criminal breach of trust...
Criminal Law – Unlawful Detention and Bail - Illegal Detention – Detention beyond 24 hours without justification – Petitioner detained for 13 hours beyond statutory limit – Contradictory affidavits from respondents explaining delay – Justifications for delay found to be prima facie unconvincing and an afterthought – Court emphasized the importance of prompt prod...
Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Conviction and Sentence – Criminal Revision – Petitioner issued a cheque to the complainant, which was dishonoured due to “Account Closed” – Contention that the cheque was issued as surety for a debt owed by her husband – No legally enforceable debt directly between petitioner and...
Criminal Law - Joinder of Additional Accused - Criminal Law – Appeal under Section 14A(2) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 2015 – High Court’s Dismissal of Appeal Challenging Addition of Accused under Section 319 of Cr.P.C – Court upheld Trial Court’s Order Adding Accused Based on Eyewitness Testimony – Plea of Alibi Con...
Criminal Law - Dowry Prohibition - Revision against appellate court's acquittal in dowry-related charges - Revisionist challenged the appellate court's order setting aside trial court's conviction of accused for offences under Sections 498-A, 323/34 IPC, and Section 4 Dowry Prohibition Act - Appellate court found trial court’s decision against weight of evidence - High Court uphe...
Writ - Criminal Law – Offence under Section 304(A) IPC for Causing Death by Negligence – Petition for Return of Seized Driving License – The petitioner, K. Perumal, drove a bus involved in a fatal accident, resulting in the registration of a case under Section 304(A) IPC. The second respondent police seized the petitioner's driving license and handed it to the first responden...
Criminal Law – Application for Judge’s Recusal – De facto complainant, Sheshadri Goswami, requests the recusal of the current bench and reassignment to Hon’ble Justice Tirthankar Ghosh, who previously handled a related matter – Goswami alleges poor handling of a financial fraud case involving a company where he represents 17 victim investors – Initial FIR filed ...
Criminal Law – Conviction under Section 376(2)(g), 506(1) IPC and Section 4 of the Tamil Nadu Prevention of Women Harassment Act upheld by the High Court – Challenge in Supreme Court against High Court’s decision maintaining trial court’s conviction of accused for gang rape and criminal intimidation – Supreme Court examined credibility of prosecution’s witnesses...
Criminal Law – Conviction under Section 138 of NI Act – The petitioner was convicted by the Trial Court and the conviction was upheld by the Appellate Court – Petitioner issued cheques which were dishonored due to insufficient funds – Trial Court relied on the presumption under Section 139 of the NI Act – Petitioner argued that cheques were issued as security for othe...
Criminal Law – Abetment of Suicide – Quashing of Proceedings – Application under Section 482 Cr.P.C. for quashing criminal proceedings under Section 306 IPC – Allegation that applicants abetted suicide by threatening and harassing the deceased – Suicide note indicating mental distress caused by false allegations and threats – Court examines evidence to determine...