Criminal Law – Attempt to Murder – Conviction – Appellant convicted under Section 307/34 IPC and Section 27 Arms Act – No evidence establishing appellant fired a gun at police – Disparity in FSL report indicating no use of the gun seized from appellant – Conviction for attempt to murder and under Section 27 Arms Act set aside – Conviction under Section 25(...
Quashing of Criminal Proceedings – Defective Vehicle – Compensation in Lieu of Replacement – The High Court quashed the FIR against the respondents for alleged cheating in the sale of a defective BMW car, but directed the replacement of the vehicle with a new one. The Supreme Court, noting the prolonged nature of the dispute and the manufacturer’s compliance willingness, di...
Criminal Law – Conviction – Eyewitness Testimonies – Appellant convicted under Sections 148 and 302/149 IPC – Prosecution's case based on testimonies of PW-1 and PW-2 – Material contradictions and improvements in testimonies – Cross-examination revealed inconsistencies and doubts about presence at the scene – Conviction cannot be sustained on such doub...
Criminal Law – Abetment of Suicide – Appeal against High Court order dismissing revision application against Trial Court’s refusal to discharge – Allegations of harassment and physical abuse by wife leading to husband’s suicide – No proximate link established between alleged conduct and suicide – Essential ingredients of instigation or active role in abetm...
Criminal Law – Dying Declarations – Conviction based on dying declarations – If the Court is satisfied that the dying declaration is true and voluntary, it can base its conviction on it without corroboration – Case involved two dying declarations, one recorded by a police officer and another by a Magistrate – Trial Court convicted based on Magistrate's dying decla...
Criminal Law – Murder Conviction – The appellant was convicted for the murder of Muthu due to an altercation over non-payment of electricity bills. The prosecution relied on eyewitness testimony to establish that the appellant attacked the deceased with a billhook, causing fatal injuries. The Supreme Court upheld the conviction under Section 302 IPC, rejecting the defense's argumen...
Criminal Law – Maintenance for Divorced Muslim Women – Appeal challenging reduction of interim maintenance from INR 20,000 to INR 10,000 per month – Appellant argued applicability of the Muslim Women (Protection of Rights on Divorce) Act, 1986 over CrPC – High Court upheld maintainability of maintenance under CrPC – Supreme Court affirmed, highlighting the continued e...
Habeas Corpus Petition for Personal Liberty – Evaluation of a woman ('X') under illegal detention by her parents – Claims of intimate relationship between the appellant and 'X' – High Court orders for interaction and counselling of 'X' – Subsequent appeal to the Supreme Court challenging the High Court's directive [Paras 2-5].
Indepe...
Cheque Bounce - Petitioner's Challenge to Trial Court and ASJ's Decision – Conviction under Section 138 of the NI Act for dishonoring cheques worth Rs. 16,00,000/- in a property sale transaction – Appeals dismissed by ASJ, conviction upheld by the High Court. [Paras 4-5, 14, 24-31]
Facts and Allegations – Petitioner (Mohd Akil) alleged to have issued dishonor...
Misuse of Criminal Proceedings in Commercial Dispute – Appeal against frivolous criminal proceedings initiated for personal vengeance in a civil matter – Accusations of cheating and forgery in a financial transaction between corporate entities – Abusing legal system by disguising a commercial dispute as a criminal case, leading to unnecessary litigation and misuse of judicial res...