Protection of Life and Liberty – Minor’s Right to Choose – Petition filed under Article 226 by a minor girl seeking protection from family coercion after refusing arranged marriage – Father (Respondent no. 4) evicted minor from home, used physical violence – Representation to police ignored – High Court directs police to consider threat perception and provide pr...
Bail – NDPS Act – Grant of Bail – Petitioners charged with transportation of narcotics – Trial Court had granted bail to similarly placed co-accused – Petitioners alleged to be mere drivers with no previous criminal record – High Court grants bail considering parity and lack of previous criminal involvement [Paras 1-8].
Offence under NDPS Act &ndash...
Property Law – Validity of Gift Deeds – Prior Execution – The case involved multiple appeals and cross-objections arising from disputes over two gift deeds executed by Raj Kishan. The first gift deed, dated 01.09.1997, favored Raj Pal, while the second, dated 14.10.1997, favored Raj Kishan's five daughters. The court held that the earlier executed gift deed took precedence un...
Will – Validity and Proof – Attesting Witness – Appellant claimed entitlement to compensation based on a will dated January 10, 1985, executed by her husband Balwant Singh. The will was challenged by the respondents, Balwant Singh’s sons from his first marriage, on grounds of suspicious circumstances and alleged forgery. The Court held that the will was valid and properly e...
Anticipatory Bail – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Appellant sought anticipatory bail after being accused of hurling caste-based abuses and physical assault – Co-accused granted pre-arrest bail by co-ordinate bench – Appellant contended lack of public view during alleged insult and delay in witness statements.
Inten...
Anticipatory Bail – Driving under Influence – The applicant sought anticipatory bail following an accident where she was alleged to have driven a car under the influence of alcohol, causing the death of two persons. Initially charged under Sections 304-A, 279, 337, and 338 of the IPC and Section 184 of the MV Act, additional charges under Sections 304 and 427 of the IPC and Section 185...
Pre-Arrest Bail – Custodial Death Allegations – Seriousness of Offences – Petitioner, a police officer, sought pre-arrest bail in a case involving allegations of wrongful confinement, assault, and custodial death of complainant’s mother. Judicial inquiry suggested suicide, but conflicting evidence, including post-mortem reports showing multiple injuries, led to the denial o...
Criminal Law – Conviction for Gang Rape – Appellants convicted under Sections 376-D/34 and 376-DA/34 IPC, and Sections 4 & 6 of POCSO Act, 2012 – Sentenced to life imprisonment and fines – Trial Court’s decision based on victim’s testimony and forensic evidence – Appeals challenge credibility of victim and adequacy of medical evidence [Paras 1-12].
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Criminal Law – Quashing of FIR – Petition under Section 482 Cr.P.C. –
Allegations of dowry harassment and domestic violence – FIR against entire family of husband including those living separately – Specific allegations only against husband and parents – General, vague, and bald allegations against others – No prima facie case against distant relatives...
Evidence – Reliability of Victim’s Testimony – Victim alleged rape by the appellant; initial FIR filed on the basis of the victim’s written report. During the trial, discrepancies arose between the victim’s written report and her oral testimony, including the sequence of events and identification of the appellant. The court found significant inconsistencies and a lack...