Urban Rent Law - Leave to Defend - Revision petition challenging dismissal of application for leave to defend by tenant - Petitioner did not raise grounds of building classification before Rent Controller - Held, parties cannot go beyond pleadings, especially in applications for leave to defend - Affidavit of tenant is the only relevant document at the stage of granting leave - Petition dismissed....
Criminal Law - Conviction and Sentencing - Identification Parade - Appeal against conviction under Section 302 IPC - Appellants argued lack of identification parade vitiated the trial - Held, identification in court by eyewitnesses, supported by corroborative evidence (weapon recovery, post-mortem report, FSL report) sufficient - No need for separate identification parade - Appeal dismissed. [Para...
Criminal Procedure - Cancellation of Bail - Fraudulent Compromise - Petition challenging cancellation of bail granted on compromise terms - Held, bail granted based on false assurances and non-fulfillment of compromise terms amounts to fraud - Cancellation of bail justified - Petition dismissed. [Paras 12-14]
Bail Conditions and Fraudulent Conduct - Analysis - Held, failure to comply ...
Juvenile Justice - Bail - Section 12 of the Juvenile Justice Act, 2015 - Revision petition against the denial of bail to juvenile under Section 12 - Held, bail is the rule and can only be denied under exceptions mentioned in Section 12 - No evidence of petitioner coming into association with criminals, or being exposed to moral, physical, or psychological danger - Petitioner a meritorious student ...
National Investigation Agency Act - Bail Application - Appeal under Section 21 - Appellant not named in FIR but arrayed later - Prima facie case not established - Held, appellant entitled to bail - Clean antecedents and prolonged trial duration considered - Special Judge's decision reversed - Bail granted with conditions. [Paras 14-16]
Prima Facie Case and Statutory Restrictions -...
Territorial Jurisdiction - Challenge at Appeal Stage - Objection regarding territorial jurisdiction not taken before the Tribunal - Held, such objections cannot be raised at the appeal stage if not taken before the Tribunal - Appeal on this ground dismissed. [Paras 23-24]
Change of Address - Alleged Collusion - Appeal against award citing address change of vehicle owner as evidence of...
Criminal Law - Dacoity - Unexplained Delay in Sending Recovered Weapons for Testing - Appeals against convictions for preparation and assembly for dacoity - Unexplained delay in sending recovered weapons for testing and absence of test firing - Raises doubts about prosecution's case - Held, weapons not sealed at recovery site and parcels prepared later, casting suspicion on prosecution - Appea...
Criminal Law - Murder - Last Seen Theory - Appeal against conviction - Appellants convicted of murder based on the last seen theory, corroborative evidence from fingerprints, foot track moulds, and DNA matches - Held, last seen theory gains immense vigor when corroborated by credible witness testimony and expert reports - Conviction upheld. [Paras 10-12, 27, 31]
Identification and Cor...
Negotiable Instruments Act - Quashing of FIR - Complaint case under Section 138 NI Act - Petitioner declared proclaimed offender for non-appearance; FIR registered under Section 174-A IPC - Main dispute settled via compromise - Held, continuation of proceedings under Section 174-A IPC post-compromise is abuse of process of law - FIR and all subsequent proceedings quashed. [Para 13]
Ma...
Landlord-Tenant Law - Eviction for Bona Fide Requirement - Revision petition by tenant against eviction - Landlord sought eviction for personal use of premises for office, workshop, and training room - Held, bona fide requirement established as landlord had no other suitable premises in the urban area - Terms 'possession' and 'occupation' are distinct; mere possession does not disq...