Abetment of Suicide – Section 306 IPC – Self-Immolation by Wife – Evidence of Neighbours – Deceased committed suicide by self-immolation following intense quarrel with husband – Neighbours (PWs 2, 3, 6 & 7) consistently deposed that appellant abused and humiliated deceased by calling her caste name shortly before the incident – Such conduct held to be immedi...
Negotiable Instruments Act – Section 138 – Criminal Revision – Scope of Interference – Concurrent findings of conviction by Trial Court and Appellate Court – Revisional Court not to reappreciate evidence unless findings are perverse, grossly erroneous or based on no evidence – Held: No jurisdictional error or perversity shown warranting interference [Paras 11&nd...
Service Law – Reservation – OBC-NCL Certificate – Cut-off period for issuance – Rule 21.2 of CAPF (AC) Rules, 2023 and 2024 struck down – Petitioners, all belonging to OBC-NCL category, were disqualified from selection process solely on the ground that their certificates were issued outside the stipulated narrow cut-off window (01.04.2023 to 16.05.2023 for 2023 and 01...
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 ...
Service Law – Dismissal of Civil Defence Volunteers – Nature of Dismissal – Stigmatic vs. Simpliciter – Dismissals under Section 6(2) held to be stigmatic in substance – Petitioners dismissed from Civil Defence Corps without reasons or inquiry – Court finds dismissals cloaked as simpliciter but actually punitive due to non-joining of COVID-19 duty and alleged mi...
Criminal Law – Quashing - Forgery – Submission of Tampered Bank Statements – Applicant challenged summoning order under Section 466 IPC alleging lack of mens rea and wrongful gain – Court found material discrepancies between ICICI bank statement submitted before Maintenance Court and original statement obtained by police – Entries reflecting significant transactions w...
Criminal Law – Discharge – Forest Fire Incident – Trekking Tragedy – Appellant, a Forest Officer, arraigned for offences under Sections 304 (Part II), 326, 338 and 304A IPC for deaths and injuries caused to trekkers during Kurangani forest fire – Allegation that appellant permitted trekking and received trekking fees – Trial Court and High Court refused discharg...
Criminal Law – Quashing of FIR – Compromise – Rash and Negligent Act Causing Death – FIR registered under Sections 281, 125(a) and 106 BNS – Petitioner sought quashing on the basis of compromise with complainant – Held: Offence under Section 106 BNS is not private in nature but a crime against society – FIR cannot be quashed merely on the basis of compromi...
Criminal Banking Law – Unauthorized Withdrawal of Court-Deposited Funds – Violation of Judicial Orders – Rule of Law Reaffirmed – Axis Bank challenged the Magistrate’s order directing it to refund the appropriated FD amount, arguing that DRT had allowed temporary appropriation of loan-related proceeds – Held: Orders dated 07.07.2012 and 03.06.2013 of the Trial C...
Criminal Law – Prevention of Corruption Act – Disproportionate Assets – Quashing of FIR – FIR registered against a public servant alleging possession of disproportionate assets under Section 13(1)(b) r/w Section 13(2) PC Act – Held: Though preliminary enquiry is not mandatory in every corruption case, registration of FIR without recording and disclosing credible sourc...