Criminal Law – Quashing - Municipal Law – Octroi Evasion – Vicarious Liability – Quashing of Criminal Proceedings – Pune Municipal Corporation filed complaint alleging non-payment of octroi on import of gold bullions/coins by Bank – Summons issued against Bank and its senior officers including CEO, Deputy MD, Legal Officer and Branch Manager – Petitioners ...
Criminal Law – Quashing of FIR – Abuse of Process – Appellant, former Minister and Chairman of Committee for Regularisation of Unauthorised Occupation, challenged FIR registered by Anti-Corruption Bureau alleging illegal grant of government land – Earlier complaints on same allegations investigated twice by Lokayukta and closed – FIR registered after preliminary inqui...
Criminal Law – Murder – Appeal Against Acquittal – Appellant-complainant challenged judgment of High Court setting aside conviction of accused under Section 302 read with Section 34 IPC – Trial Court had convicted accused for murder of appellant’s son – High Court acquitted accused after re-appreciation of evidence – Held: No compelling or substantial reas...
Criminal Law - NDPS Act – Illegal Possession – Acquittal – Accused convicted under Section 15 NDPS Act for alleged possession of 160 kg poppy husk – Conviction based solely on official witness testimonies – Independent witness not examined – No written compliance or communication to superior officer under Section 42(2) – No production of case propert...
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...
Criminal Law – Rape – Conviction Based on Hostile Witnesses – Appellant, a medical practitioner, convicted for offence under Section 376(2)(d) IPC – Victim and her husband turned hostile during trial – Trial Court convicted accused and High Court not only affirmed conviction but enhanced sentence to ten years – Held: Conviction cannot be sustained when primary w...
Criminal Law - Disproportionate Assets – Discharge under Section 227 Cr.P.C. – Public Servant – Accused working as Office Attendant in Transport Department alleged to have amassed assets disproportionate to known sources of income to the extent of 39.30% – Revision petitioner contended that assets and income of wife and father-in-law were wrongly included – Special Co...
Banking Law - SARFAESI Act – Auction Sale – Rights of Auction Purchaser – Petitioner declared highest bidder and deposited entire bid amount including 25% earnest money – Sale could not be confirmed due to DRT order directing status quo and restraining confirmation of sale – Held: Mere participation in auction and deposit of bid amount does not create any vested right...
Criminal Law – Rape on False Promise of Marriage – Section 376 IPC – Appellant convicted by Trial Court for establishing physical relations with prosecutrix on assurance of marriage – Prosecutrix admitted consensual relationship – No allegation of forcible sexual intercourse – Held: Mere breach of promise, without proof that promise was false at inception, does ...
Criminal Law – Murder vs. Culpable Homicide – Sudden Quarrel – Conversion of Conviction – Appellants convicted under Section 302 read with Section 34 IPC for causing death by assault with agricultural implement (kudal) – Incident arose suddenly during dispute over cutting of drainage mound between adjoining fields – No premeditation or prior enmity proved &ndash...