Domestic Violence – Protection Orders – The petitioner, Maharaj Kumari Vishnupriya, challenged the Additional District Judge's order denying protection orders under the DV Act – Petitioner claimed continuous residence in the ancestral home and economic abuse by the respondent, her sibling, post the demise of their father – High Court reviewed the definitions and applica...
Money Laundering – Bail – Parity with Co-Accused – Petitioner sought bail on grounds of parity with co-accused who was released on bail – Held: Petitioner is entitled to bail as investigation is complete, prolonged incarceration without trial violates Article 21, and co-accused in similar circumstances has already been released [Paras 1, 6, 27-29].
Economic Off...
Bail in NDPS Cases – Stringent Conditions of Section 37 NDPS Act – Bail Denied - Petitioner sought bail for possession of commercial quantity (28 injections of Buprenorphine) – Court held that the twin conditions of Section 37 NDPS Act were not satisfied as the petitioner failed to demonstrate reasonable grounds for innocence or assurance against re-offending – Mere argumen...
Criminal Law – Conviction for Murder – Appellants convicted under Sections 302/34 and 120B IPC for the murder of Braj Kishore Nath Tiwari – Prosecution relied on the motive as the primary basis for conviction – No eyewitnesses or direct evidence linking appellants to the crime – Appellants acquitted due to lack of corroborative evidence beyond motive [Paras 1-20].
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Juvenile Justice – Trial as Adult – Validity of JJB Assessment - Appellant, 17 years and 9 months old, tried as an adult under Section 15 of the Juvenile Justice Act – JJB’s decision based on mental and physical capacity, heinous nature of the offense, and prior involvement in other crimes upheld – Court held due procedure followed, and absence of psychological evalua...
Locus Standi in Criminal Appeals – Third-party intervention – The appellant, M.R. Ajayan, sought to challenge the quashing of proceedings in a criminal case involving allegations of tampering with evidence in judicial custody – Supreme Court held that locus of a socially spirited individual is permissible under Article 136 of the Constitution in cases concerning interference with...
Murder Trial – Circumstantial Evidence – Last-Seen Theory – Conviction Upheld – The appellant was convicted for murdering his wife, based on circumstantial evidence, including a history of domestic abuse, motive established by dowry demands, and the last-seen theory. The appellant was last seen with the deceased before her death, and no plausible explanation for her fatal i...
Prolonged Detention – Section 479 of BNSS, 2023 – Identification of Eligible Undertrial Prisoners – Guidelines Issued - Section 479 of BNSS provides for the release of undertrial prisoners based on the duration of detention relative to the maximum imprisonment for the offense – Court emphasized accurate and continuous identification of eligible prisoners, requiring active c...
Constitution of SIT – High Court Order Modified – Investigation Entrusted to SIT of IPS Officers from Tamil Nadu Cadre - High Court directed the CBI to investigate FIR No. 33/2024 registered at All Women Police Station, Anna Nagar, Chennai – Supreme Court modified the order, constituting a SIT of three IPS officers belonging to Tamil Nadu cadre but hailing from other states &ndas...
Criminal Law – Quashing of FIR – Section 482 CrPC – FIR alleging rape under Section 376(2)(n) and criminal intimidation under Section 506 IPC – High Court refused to quash FIR citing lack of consent by the complainant – Supreme Court holds FIR and statements do not substantiate essential ingredients of offences under Sections 376(2)(n) and 506 IPC – Relationship...