Locus Standi - Disciplinary Proceedings - Writ of Quo Warranto - Petition by a third party challenging the order of the Chancellor of the University dropping disciplinary proceedings against a professor - Held, the petitioner, being a stranger to the disciplinary proceedings, has no locus standi to question the order - Writ of quo warranto not maintainable for challenging orders of a statutory aut...
Criminal Procedure - Alteration and Addition of Charges - Power of Court - Petition challenging the trial court's order allowing the prosecution's application for amending the charge sheet - Held, the trial court has the power to alter or add charges at any time before the judgment is pronounced, but this power should not be used to create a totally new case - Amendment of charge sheet mus...
Criminal Procedure - Regular Bail - Section 153-A IPC - Petition for regular bail under Section 439 Cr.P.C. - Accused allegedly wore a T-shirt with a picture of Jagdish Tytler and words "HAPPY BIRTHDAY TO OUR BELOVED GOD FATHER" - Held, mere wearing of such a T-shirt does not constitute an incriminating material or provocative act under Section 153-A IPC - No prima facie case made out - ...
Criminal Law - Common Object - Group Armed with Weapons - Appeals against conviction under Sections 148, 307, 307/149, 323, 323/149, 324, and 324/149 IPC - Group armed with weapons causing injuries - Medical evidence supported multiple injuries - Common object inferred from prior assembly and armed presence - Conviction upheld, but some appellants given benefit of the doubt due to lack of specific...
Dowry Death - Presumption under Section 113B of Evidence Act - Appeal against Conviction - Death caused by consumption of pesticide (Aluminum Phosphide) - Held, once prosecution proves ingredients of dowry death, presumption under Section 113B arises, shifting onus to accused to prove innocence - Conviction upheld for husband Ranjit Singh. [Para 11-12]
"Soon Before" Death - ...
NDPS Act - Compliance with Section 42 - Conviction Challenged - Search and Seizure from Private Vehicle - Secret information not reduced to writing - No evidence of information conveyed to senior officer - Held, a private vehicle does not qualify as a 'public place' under Section 43 - Provisions of Section 42 are mandatory - Conviction set aside due to non-compliance with Section 42. [Para...
Criminal Procedure – Quashing of FIR – Section 174-A IPC – Non-appearance in Court – FIR registered against the petitioner for non-appearance in trial proceedings – Petitioner later granted anticipatory bail and acquitted in the main case – High Court held that continuation of proceedings under Section 174-A IPC after acquittal in the main case constitutes abuse...
Negotiable Instruments – Section 138 Conviction – Compromise – Conviction under Section 138 of the Negotiable Instruments Act – Petitioner sentenced to rigorous imprisonment and compensation – Appeal dismissed – During revision, parties reached a compromise – Court observed that as the offence is compoundable and the compromise is bona fide, the conviction...
Criminal Procedure – Regular Bail – NDPS Act – Non-compliance with Section 42 – Petitioner, arrested for possession of 1 kg of heroin and a pistol, sought bail citing non-compliance with Section 42 of the NDPS Act – Court noted failure to document and communicate secret information as required – Bail granted, recognizing potential document fabrication and extend...
Criminal Procedure – Anticipatory Bail – Multiple FIRs – Modification of Bail Conditions – Petitioners, on anticipatory bail in seven FIRs, were ordered by the Trial Court to furnish two sureties each for every FIR – High Court held this requirement highly onerous – Directed that two sureties each for all seven FIRs would suffice – Relied on Supreme Court ...