Constitution of India – Article 226 – Criminal Procedure Code, 1973 – Section 482 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Quashing of FIR – Abuse of process of law – Misuse of provisions of the Act – Examination of scope and ambit of inherent powers of the High Court.
Scheduled Castes and Scheduled ...
Quashing of FIR – Section 482 CrPC – Appeal against High Court's dismissal of petition to quash FIR – FIR registered based on private complaint alleging offenses under IPC including cheating and breach of trust – Supreme Court finds no ingredients of alleged offenses made out in the complaint – FIR and charge-sheet quashed [Paras 1-19].
Commercial Dis...
Criminal Law – Murder Conviction – Benefit of Doubt – Appellants convicted under Section 302 read with 149 IPC – Prosecution evidence found with vital discrepancies and inconsistencies – Independent witnesses not examined – Recoveries of weapons used in the crime not corroborated – Appellants granted benefit of doubt – Appeals allowed, convictions se...
Contempt of Court – Summary Proceedings – Denial of Trial – Appeal against CAT’s conviction for contempt under Section 14 of the Contempt of Courts Act, 1971 – Appellant denied charges and sought trial – CAT proceeded without trial, relying on behavior observed in court – Supreme Court finds denial of trial improper under Section 14 and Rule 15 of the CAT ...
Criminal Law – Murder – Life Imprisonment – Appeal against High Court’s reversal of acquittal under Section 302 IPC – Prosecution charged 22 accused with forming an unlawful assembly and committing murder – High Court acquitted 20 accused but convicted appellants (A1 and A2) under Section 302 – Supreme Court finds inconsistencies in prosecution's evide...
Criminal Procedure – Summoning Witnesses – Section 311 CrPC – Appeal against High Court’s rejection of application to summon cellular nodal officers – Power under Section 311 CrPC to summon, examine, recall, or re-examine any material witness at any stage – Closing of prosecution evidence not an absolute bar – Essentiality of evidence for just decision of ...
Criminal Law – Initiation of Criminal Action – The Supreme Court emphasized the need for circumspection in initiating criminal proceedings in commercial transactions, highlighting the potential adverse economic consequences of frivolous actions against large corporations – The Court noted the importance of regulators acting as gatekeepers to prevent unwarranted prosecutions [Para...
Criminal Law – Copyright Infringement – Vicarious Liability – Court dealt with the issue of vicarious liability under the Copyright Act, 1957. The petition sought the quashing of proceedings against the petitioner, accused of copyright infringement in his capacity as AGM of a company. The Court examined the applicability of vicarious liability and the role of the company in the a...
Criminal Law – Sexual Harassment – The Supreme Court emphasized the duty of the police to register an FIR whenever a cognizable offence is made out – Highlighted the importance of courts dealing with complaints of sexual harassment in a sensitive manner – Directed investigation to be supervised by a woman officer not below the rank of Superintendent of Police [Paras 1-37].
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Criminal Law – Conviction for Attempt to Murder – The Supreme Court set aside the conviction under Section 307 IPC and Sections 25 and 27 of the Arms Act due to the lack of independent evidence corroborating the complainant's statements and the failure of the prosecution to link the recovered items to the alleged incident – Emphasized the importance of proper examination unde...