Rape and Criminal Intimidation – Conviction of Grandson for Raping Grandmother – Appellant challenged conviction for rape and criminal intimidation – Prosecution provided consistent evidence from the victim and corroboration from her daughter and neighbors – Appellant’s history of substance abuse considered – Delay in filing FIR deemed justified due to familial ...
Criminal Law – Acquittal in Rape Case – Contradictions in Prosecution's Case – Appeal against Acquittal under Sections 376, 506 IPC and Sections 4, 12 of POCSO Act dismissed by the High Court – The appellant, a minor victim, and her father challenged the acquittal of the accused (respondent no. 2) by the Trial Court in a case alleging rape and criminal intimidation &nda...
Drugs and Cosmetics Act – Quashing of Criminal Proceedings due to Delay in Drug Analysis Report – Violation of Statutory Rights – Right to Challenge the Government Analyst’s Report Nullified Due to Delay – Petitioners challenged the prosecution initiated under the Drugs and Cosmetics Act, alleging that the delay of more than 20 months in testing the drug sample depriv...
Criminal Law – Sanction for Prosecution – Application of Mind – Appellant challenged the validity of the sanction under Section 19 of the Prevention of Corruption Act, alleging that it was granted without application of mind and by an incompetent authority. The court held that the sanction order lacked necessary documentary evidence to show that the powers were properly delegated...
Hindu Succession Act – Daughters’ Right to Inheritance – Appeal challenged trial court’s decree granting 1/8th share of property to the respondent, a daughter of the deceased – Appellants claimed an oral agreement among heirs excluding daughters from the property share – Trial court decreed in favor of the respondent – High Court upheld the trial court&rsq...
Criminal Law – Prevention of Corruption – Demand and Acceptance of Bribe – Appeal against conviction under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 – Appellant, a storekeeper in the ESI Department, was accused of demanding ₹1000 as a bribe for supplying a Botex injection prescribed by NIMHANS hospital to the complainant – Prosecution relied on ...
Criminal Law – Application for Cancellation of Bail – Dowry Prohibition and Cruelty Allegations – Bail granted to husband under Sections 498A/34 IPC and 3/4 Dowry Prohibition Act – Alleged violations of mediation agreement by husband – No sufficient grounds to cancel bail based on non-compliance of compromise terms – Legal precedent holds that non-compliance wit...
Criminal Law – Quashing of Proceedings – Section 452 of the Companies Act, 2013 – Petition for quashing of proceedings initiated by Lexus Exports Private Limited against the petitioner under Section 452 for wrongful withholding of company property, including vehicles and electronic items, amidst matrimonial disputes – Petitioner argued that she was residing in the matrimoni...
Criminal Law – Transfer of Investigation – Petitioner sought transfer of investigation in the murder of her husband from the Crime Branch to CBI – Allegations of inadequate investigation by local police, failure to examine critical aspects of the case, and possible involvement of other individuals – Court held that in cases where credibility and public confidence in investi...
Criminal Law – Murder – Acquittal Challenged – Appeal by State and Complainant – State of Punjab and complainant sought conviction under Section 302 IPC against Harbhajan Singh, Kirpal Singh, Jaswant Singh, and DSP Gursewak Singh – Trial court convicted the accused under Sections 343, 325, 324, and 323 IPC but acquitted them for murder – The prosecution argued t...