Criminal Law – Quashing of Complaint – Petitioner challenged the complaint filed under the Drugs and Cosmetics Act, 1940, contending that it lacked specific allegations and failed to meet statutory requirements – Petitioner argued that the trial court took cognizance without proper application of mind – Complaint and subsequent proceedings deemed vague, ambiguous, and mecha...
Criminal Law - Abetment of Suicide - Extra-Marital Affair - Mens Rea - The applicants, accused of abetting the suicide of the deceased husband due to an alleged extramarital affair, sought quashing of the FIR. The court held that mere involvement in an extramarital affair does not constitute abetment under Section 306 IPC unless there is clear evidence of instigation or intentional aiding of the s...
Criminal Law - Bail Application - Section 6 POCSO Act - The petitioner sought bail after being in custody for four years, arguing that medical evidence did not conclusively establish penetrative sexual assault, and that there were inconsistencies in the victim's testimony. The court noted the severity of the charges, including aggravated penetrative sexual assault under Section 6 of the POCSO ...
Medical Admission – Disability and Eligibility for NEET – The petitioner was disqualified from NEET admission based on a speech and language disability of 44%, as per existing regulations disqualifying candidates with disabilities exceeding 40%. The Supreme Court, referencing a similar precedent, directed the Dean of Byramjee Jeejeebhoy Government Medical College, Pune (BJGMC) to const...
Criminal Law – Conviction under Sections 148 and 302/149 IPC upheld – Challenge in Supreme Court against the Allahabad High Court's decision maintaining trial court’s conviction of the appellant for murder and rioting – Court examined the evidence presented by the prosecution, including eyewitness accounts and medical evidence – The prosecution’s case was su...
Criminal Law – Conviction under Sections 304(i) and 334 IPC – Appeal filed challenging the trial court's conviction – High Court's scrutiny of evidence – The appellant, a mother, inflicted injuries on her two minor children, leading to the death of one child and injury to the other – The incident occurred at Marina Beach, Chennai, where the appellant attempted...
Evidence Law - Secondary Evidence - Quashing of Order - Petition to quash order dismissing application for leading secondary evidence - Original documents produced in preliminary stage untraceable due to office shifting - Held, petitioner genuinely unable to produce original documents - Permitted to adduce secondary evidence as per exceptions under Sections 65 and 66 of the Indian Evidence Act - P...
Criminal Procedure - Quashing of FIR - Offence under Section 188 IPC - Petition to quash FIR on grounds that police registered it without written complaint from public servant - Held, Section 195 CrPC requires written complaint from public servant to take cognizance of offences under Section 188 IPC - FIR registered by police without such complaint is void ab initio - FIR and subsequent proceeding...
Criminal Law - Conversion of Conviction - Appeal against conviction under Section 304 Part-I IPC - Incident arising from a tiff without prior motive - Held, occurrence was sudden, appellant was not armed, and weapon used was a professional instrument - No intention to cause murder - Conviction converted to Section 304 Part-II IPC and sentence reduced to period already undergone - Appeal partly all...
Criminal Law - Abetment of Suicide - Quashing of FIR - Petition to quash FIR under Sections 306, 34 IPC based on compromise - Deceased committed suicide allegedly due to threats from petitioners - Held, no mens rea or direct instigation by petitioners as per facts - Four-day gap between threat and suicide indicates no direct causation - FIR and proceedings quashed. [Paras 18, 23, 30]
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