Criminal Law – Kidnapping for Ransom – Identification – Conviction set aside – Accused-appellants convicted under Sections 364A and 120B IPC for alleged abduction of victim Anwar Khan and demand of ransom – Trial court sentenced all appellants to life imprisonment – On appeal, High Court found that prosecution failed to prove the charge beyond reasonable doubt &...
Negotiable Instruments Act – Dishonour of Cheque – “Account Blocked” – Cheques issued by petitioners after Corporate Insolvency Resolution Process (CIRP) had commenced and company accounts taken over by IRP – Cheques returned with remark “ACCOUNT BLOCKED” – Held: Dishonour due to account block caused by statutory moratorium under IBC does not a...
Constitutional Law – Live-in Relationship – Right to Protection – Petitioners in consensual live-in relationships alleged threats to life from private individuals and sought police protection – Held: Right to cohabit without marriage is protected under Article 21 – Personal autonomy cannot be compromised by societal disapproval – Police directed to grant protect...
Section 138 of the Negotiable Instruments – Dishonour of Cheque – Legally Enforceable Debt – Acquittal Upheld – Appellant finance company alleged that accused (wife of chitty subscriber) issued cheque as guarantor for defaulted instalments – Trial court convicted – Sessions Court reversed, holding that complainant failed to prove existence of enforceable liabili...
Criminal Law – Circumstantial Evidence – Murder – Chain of Circumstances Incomplete – Acquittal – Appellants convicted for abduction and murder of diamond delivery boy for stealing diamonds – Case based entirely on circumstantial evidence – Prosecution relied on “last seen together”, CCTV footage, mobile call data, and recovery of diamonds &nda...
Criminal Law – Negotiable Instruments – Dishonour of Cheques – Legally Enforceable Liability – Appellant convicted under Section 138 NI Act for dishonour of five cheques aggregating Rs.1,41,000/- issued towards commercial dues – Trial Court sentenced appellant to six months RI with fine – Appellant remained untraceable for over two decades – Counsel appoin...
Criminal Law – Revision – Interlocutory vs Intermediate Orders – Petitioner sought direction for registration of FIR alleging conspiracy and murder of son – Magistrate rejected application under Section 156(3) CrPC holding that court itself could inquire into complaint – Revisional Court dismissed revision on ground that order was interlocutory – Held: Order rej...
Criminal Law – Section 91 Cr.P.C. – Scope and Timing – Accused sought production of company records to assist in answering CBI queries during investigation into bank fraud – Records handed over to Resolution Professional during insolvency proceedings – Held: Section 91 can be invoked at investigation stage, but discretion lies with court – Where accused is alrea...
Criminal Law – Rape and Murder – Circumstantial Evidence – DNA Match – Conviction Confirmed – Deceased last seen in same vicinity as accused – Witnesses (PWs 4, 5, 6) corroborated presence and suspicious behaviour of accused – Blood-stained clothes, victim’s shrieks, and disappearance of accused from village strengthened prosecution’s chain &nd...
Criminal Contempt – Forgery and Impersonation – Fabricated Court Filings – Conviction – Accused filed a statement of objections purportedly on behalf of Union of India by forging the signature and affidavit of the Central Government Standing Counsel – Counsel categorically denied preparing or filing the objections and disowned the affidavit – Held: Filing forged...