Criminal Law – Wrong Identity Defense – Rejected – The accused argued that he was mistakenly identified, as the victim referred to the perpetrator only as a "Tailor" and the accused claimed to be an agriculturist – The prosecution provided testimony from multiple witnesses, including the landlord and the victim’s family, identifying the accused as a tailor &...
Criminal Law – Identification of Accused in Poor Lighting – Doubts on Accuracy – The incident took place during the dark night of 24/25 May 2004, and the prosecution relied on eyewitnesses who claimed to have identified the accused in the light of torches and a lantern – The Court found that the lantern was not recovered, and torches were not produced before the trial court...
Maintenance – Revision of Maintenance Order – Petitioner challenged the Family Court’s order to pay Rs. 30,000 per month as maintenance to his estranged wife – Contention included existing maintenance obligations totaling Rs. 22,000 per month and his deteriorating health and income capacity – High Court modified the maintenance to Rs. 15,000 per month – Emphasiz...
Anticipatory Bail – Allegations of Conspiracy and Forgery – Business Dispute – Petitioners granted anticipatory bail – Accusations against petitioners of conspiracy, forgery, and extortion arising from disputed business transactions related to reconstitution of a partnership firm and sale of property – The Court found the allegations to primarily stem from a civil dis...
Narcotic Drugs – Possession of Poppy Husk – Section 15 NDPS Act – Appeal Against Conviction – Evidence Required – The appellant was convicted under Section 15 of the NDPS Act for possessing 11 quintals and 88 kilograms of poppy husk – The primary ground for appeal was the failure of the prosecution to produce key evidence, such as the examined cloth sample parce...
Criminal Law – Suspension of Sentence – Section 302 IPC – Bail Granted to Co-Accused – The appellants were convicted and sentenced to life imprisonment under Section 302 read with Section 34 IPC for their involvement in the death of Babu Lal – The appellants argued that no overt act was attributed to them, and they only held the victim down while another co-accused de...
Bail under UAPA – Long Custody – Article 21 of the Constitution – The appellant has been in custody for over 2 years, 4 months, and 17 days. The appellant was nominated based on a co-accused’s disclosure statement, and despite serious allegations, no charges have been framed yet. Held: The appellant’s right to a speedy trial under Article 21 of the Constitution was be...
Negotiable Instruments Act – Dishonor of Cheque – Presumption of Liability – The petitioner issued a cheque for Rs. 8,00,000, which was dishonored due to insufficient funds. The complainant provided evidence of the cheque, the dishonor memo, and service of legal notice, which the petitioner failed to rebut. Held: The presumption of liability under Sections 118 and 139 of the Nego...
Criminal Law – Application Under Section 91 CrPC – Timing of Application – Respondents sought production of request letters sent by CBI to the Ministry of Home Affairs for call interception before charges were framed – Held: The accused cannot invoke Section 91 CrPC at the pre-charge stage for production of documents – The Supreme Court has held that Section 91 can be...
Cheque Dishonour – Appeal Against Acquittal – Appellant challenged trial court’s acquittal of respondent in cheque dishonour case – Court upheld acquittal noting lack of evidence of goods delivery and accused’s liability – Emphasized need for concrete proof to establish guilt beyond reasonable doubt [Paras 2-6, 12-14].
Presumption and Evidence &ndas...