Transfer of Criminal Complaint – Jurisdiction under Section 138 of the Negotiable Instruments Act, 1991 – Petition filed by accused for transfer of complaint related to dishonoured cheque from Fazilka to Chandigarh, claiming that complainant’s bank account is maintained at Chandigarh – Controversy over actual maintenance location of the bank account whether at Chandigarh or...
Criminal Law – Conviction for Dacoity – Appellants convicted under Section 395 IPC for involvement in dacoity at M/s. Rajlakshmi Jewellers, armed with daggers and revolvers, taking valuables worth about Rs.1.5 crores – Trial court sentenced to life imprisonment, based on collective actions with other accused, more than five in number – High Court reviewed and upheld the con...
Constitutional Law – Right to Life and Liberty – Live-in Relationship – Protection from Threats – Criminal Writ Petition under Article 226 of the Constitution of India – Petitioners, a couple in a live-in relationship, sought protection from threats by relatives. Citing previous judgments, the court emphasized the fundamental right to life and liberty under Article 21...
Criminal Law – Quashing of Proceedings – Vicarious Liability – Application under Section 482 Cr.P.C. filed by Azim Premji seeking quashing of complaint proceedings and related orders. The complaint involved alleged violations of the Equal Remuneration Act, 1976, by G4S Secure Solutions (India) Pvt. Ltd., a third-party security service provider for Wipro Ltd. The applicant, as Cha...
Criminal Law – Conviction under Section 420 IPC and Section 138 of the Negotiable Instruments Act, 1881 – High Court finds conviction under Section 420 IPC not sustainable due to lack of evidence of dishonest intention at the inception of transaction – Complaint under Section 138 of N.I. Act found to be premature – Convictions set aside with liberty to complainant to file f...
Criminal Procedure – Anticipatory Bail – Denial of bail due to significant evidence indicating siphoning of funds – Petitioners Ashok Kumar Sahni and Supriya Nakra accused of redirecting Rs.2.02 crores meant for purchasing mobile phone accessories into accounts controlled by themselves and associates – Detailed investigation reveals large scale financial misappropriations a...
Bail Application – Sixth Bail Application Filed by Petitioner (A.2) – Grounds for Rejection – High Court Examined Specific Allegations Against Petitioner – Prima Facie Evidence Including Forensic Analysis and Witness Testimonies – No Substantial Change of Circumstances Justifying Bail – Allegations of Threats to Witnesses and Interference with Investigation Uphe...
Criminal Law – Conviction based on Eyewitness Testimony – Assessment of Reliability – Criminal Appeal against conviction for murder under Section 302 IPC – Sole purported eyewitness’s testimony scrutinized for consistency with initial statements – Significant contradictions found between informant’s fardbeyan and court deposition – Held that informan...
Criminal Law – Conviction and sentencing revision – Appellant originally convicted under Section 436 IPC for setting fire to a thatched tea stall – On appeal, re-evaluated based on the nature of the structure and applicable legal provisions – Conviction modified to Section 435 IPC, focusing on the damage to property and intent – Held that the original structure does n...
Bail under Section 439 Cr.P.C. – Petition for grant of regular bail – Offences under Sections 21/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 – Petitioner found in possession of 950 intoxicating capsules – Allegation of Tramadol Hydrochloride weighing 608 grams – Petitioner contends discrepancies in signature language on notice under Section 50 NDPS A...