Criminal Law – Cheating and Extortion Allegations: Petitioners challenged the criminal proceedings and charge-sheet alleging offences of cheating, blackmailing, extortion, and defamation. The complainant, a business partner, accused the petitioners of threatening him and his family to extort money. The High Court found that the complaint was filed with mala fide intentions and suppressed mat...
Criminal Law – Vicarious Liability – Complaint Quashing: Complaint filed by National Housing Bank alleging violations under Section 29A of the National Housing Bank Act against the company and its directors – High Court quashed the complaint for non-compliance with the requirements similar to those in Section 141 of the Negotiable Instruments Act – Supreme Court held that t...
Criminal Law – Child Custody – Supreme Court’s ruling in favor of natural guardian (father) – High Court’s denial of habeas corpus petition for custody of minor daughter set aside by the Supreme Court – The Court emphasized the paramount welfare of the child and the natural guardian’s right to custody – Allegations against the father were deemed afte...
Criminal Law – Conviction under Gangsters Act – Appellant convicted under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act – Trial court sentenced appellant to four years’ imprisonment and imposed a fine – Prosecution’s evidence primarily based on a single FIR and witness testimonies – High Court examines procedural l...
Facts:The appellant, Jagdish, was injured in a motor accident on November 24, 2011, resulting in severe injuries.The accident occurred when Jagdish, riding a motorcycle, was hit by a dumper, causing 90% permanent disability.Issues:The appellant sought an enhancement of compensation on several grounds, including loss of future prospects, computation of disability, and increase in monthly income.Hel...
Sexual Harassment – Conviction and Appeal – The deceased appellant Sakthivel was accused of sexually harassing eight girl students aged 9 and 10 years in Solappadi Government Primary School. The allegations included inappropriate touching and pinching of the students. The trial court convicted Sakthivel under Section 7 read with Section 8 of the POCSO Act. However, the High Court allow...
Discharge Application – Scope and Consideration – The Supreme Court reiterated that the scope of consideration under Section 227, Cr.PC, is confined to the 'record of the case and the documents submitted therewith' by the prosecution – Defence materials cannot be considered at this stage – The court must determine whether there is sufficient ground for proceeding ag...
Interim Bail – Medical Grounds – Petitioner, suffering from multiple ailments including post-bariatric surgery complications, sought interim bail citing inability of jail to provide necessary dietary and medical care – Medical reports indicated necessity of specialized diet and treatment not feasible in jail – Respondent argued petitioner previously misused bail and jail au...
Judicial Delay and Political Influence – Withdrawal of Prosecution – Case involving accused, including a politically influential individual, facing trial for double murder – Accused successfully delayed trial for nearly three decades through repeated adjournments – Trial Court allowed withdrawal of prosecution against one accused (Chhote Singh) citing good public image &nda...
Criminal Law - Acquittal for Murder - Government Appeal against trial court’s judgment acquitting accused of murder charges under Section 302/34 IPC - Trial court convicted accused for causing simple injuries under Section 323/34 IPC - Prosecution alleged that accused snatched a one-year-old child from her mother's lap and threw her on the ground, leading to her death - Post-mortem repor...