Criminal Law - Unlawful Assembly — Section 149 IPC — Inapplicability upon Acquittal of Co-Accused — Minimum Membership of Five Persons — Seven persons named in FIR and charge-sheeted for offences under Sections 147, 307/149 and 379 IPC — One accused died during trial — Four accused acquitted of all charges — Two appellants acquitted of charges under Sectio...
Quashing of Charge Sheet – Matrimonial Offences – Section 498A/406/34 IPC – Omnibus Charge Sheet – The third petitioner (wife of the private opposite party) had lodged a prior complaint on 16.01.2023 apprehending false implication — as a counterblast, the private opposite party (wife) lodged complaint on 20.01.2024 leading to registration of Survey Park PS Case No. 18...
Criminal Law – Dowry Death – Section 498A IPC – Cruelty – Acquittal of Father-in-Law – No Direct Evidence of Individual Role – Conviction of appellant Narendra Singh (father-in-law) under Section 498A upheld by High Court challenged – Prosecution case: deceased died of 55% burn injuries on 22.04.2001, within nine months of marriage; first dying declaration...
Constitutional Law – Hate Speech – Legislative Competence – Judicial Restraint – Separation of Powers – Batch of writ petitions seeking directions to the Union of India to examine international laws on hate speech and rumour-mongering, implement Law Commission Report No. 267, and enact specific legislation; petitioners contended that failure to act has caused a legisl...
Anticipatory Bail — Political Context — Press Conference — Forged Documents — BNS Sections 337, 338, 353 — Article 21 Constitution of India — Appellant, an office bearer of a national political party, displayed documents at press conferences alleging the complainant (wife of the Chief Minister of Assam) held passports of three foreign countries and owned undiscl...
Domestic Violence – Interim Custody of Minor Child – Tender Age – Protection of Women from Domestic Violence Act, 2005, Section 23(1) – Respondent-wife filed application under Section 12 of the DV Act alleging cruelty, taunting for dowry, and threats to separate her from her minor son aged 8-10 months – Trial Court granted interim custody of minor child to respondent-...
Contempt of Court — Special Appeal — Maintainability — Chapter VIII Rule 5, Allahabad High Court Rules, 1952 — Section 19, Contempt of Courts Act, 1971 — The appellant challenged an order of the Single Judge disposing of a contempt application on the ground that proceedings under Section 379 BNSS (formerly Section 340 CrPC) were already pending before the trial court ...
Negotiable Instruments Act – Section 138 – Liability of Directors – Liquidation Under IBC – Effect on Cheque Dishonour Proceedings – Petitioners, as directors and authorised signatories of the accused company, issued a post-dated cheque towards repayment of a loan of Rs. 15,00,000/- – Cheque was dishonoured on 14.12.2018 – Complaint under Section 138 NI Ac...
Criminal Law — Quashing of Proceedings — Section 482 CrPC — Bona Fide Purchaser — Absence of Material Connecting Accused to Forgery or Conspiracy — Respondent-complainant alleged that a Will dated 12.09.1988 purportedly executed by his deceased father was forged while the father was in a comatose state, and that the legatee (A-1) in furtherance of a criminal conspirac...
Criminal Law — Default Bail — NDPS Act — Extension of Remand — Accused Not Present — Gross Illegality — Article 21 — Petitioner/Accused No. 2 was in custody in Crime No. 65 of 2024 under the NDPS Act — Extension of time for remand was granted by I Additional District and Sessions Judge-cum-Special Judge for NDPS offences, Rajamahendravaram, vide orde...