Criminal Procedure – Cognizance and Limitation – Advocate's Liability – Appeal against acquittal of advocate accused of submitting false TDS certificates for a client's income tax return – Trial court acquitted advocate citing lack of direct involvement and limitation period under Section 468 Cr.P.C. – Held, advocate submitted return based on documents provide...
Criminal Law – Possession of Fake Currency – Knowledge Presumed – Respondent was acquitted by the trial court despite being found with 399 fake currency notes of ₹500 denomination – State appealed against acquittal – Held, knowledge that notes were fake presumed under Section 106 of the Indian Evidence Act – Recovery of significant number of high denomination ...
Negotiable Instruments Act – Vicarious Liability – Quashing of Complaint – Petitioner, a Director of M/s. Santur City (P.) Ltd., signed cheques drawn in the name of the company – Complainant filed a complaint for dishonour of cheques under Section 138 of the Act against the petitioner without impleading the company as a party – Held, cheques issued by the company and ...
Criminal Law – Dowry Death – Appeal against conviction under Section 304-B IPC – Complainant alleged that appellants (husband and his brothers) killed his daughter for dowry – Witness who informed complainant turned hostile – Trial court convicted all appellants for dowry death – High Court finds no evidence of dowry demand soon before death – Bald stateme...
Parole – Temporary Release – Grounds for Parole – Petition challenging rejection of parole for solemnizing marriage of petitioner's daughters – Petitioner already availed four weeks parole for house repair – High Court holds that parole under Section 3(1)(b) and 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 are independent and not con...
Criminal Procedure – Quashing of Proceedings – Petitions to quash Calendra under Section 145 Cr.P.C. regarding land ownership dispute – Deceased Colonel Gurdev Singh's property claimed by petitioner (his second wife) and respondent No. 5 (his daughter) – Civil suit for declaration of ownership already pending – Ad interim injunction granted to maintain status quo ...
Search and Seizure – Compliance with Legal Provisions – The appellants contended non-compliance with Sections 42 and 100(4) Cr.P.C. – Court held that since the search was conducted at 7:30 AM, during sunrise, there was no requirement for a warrant or recording the grounds of belief – Proper procedure under Section 42 of the NDPS Act was followed – Conviction upheld [P...
Criminal Law – Quashing of FIR – Petition to quash FIR and subsequent proceedings under Sections 376, 120-B IPC, and Section 3 of SC/ST Act – Complainant alleged sexual exploitation and caste-based humiliation by accused Vishal Sharma – Petitioners (accused's family) allegedly involved in caste-based remarks – No evidence that petitioners had any role in initial e...
Contempt of Court – Wilful Disobedience – Respondents alleged to have violated Supreme Court's order granting interim anticipatory bail – Petitioner contends wrongful detention, custodial torture, and failure to comply with procedural safeguards – The Court issued notice of contempt to police officers and judicial authorities involved, with subsequent discharge of certa...
Criminal Law – Harboring Offenders – Section 212 IPC – Petition against conviction for harboring terrorists and dismissal from BSF – Petitioner convicted by General Security Force Court – Alleged confessional statement denied by petitioner – High Court held that no knowledge or reason to believe the harbored persons were terrorists – Offense under Section ...