Criminal Law – Quashing of Final Report – Section 482 CrPC – Sections 324, 353 IPC and Section 3(2)(e) of the Prevention of Damage to Public Property Act, 1984 – Accused bus driver alleged to have overtaken and collided with the official vehicle of a judicial officer – Held: None of the charges are even prima facie sustainable as the essential ingredients of Sections ...
Succession Law – Probate – Revocation – Section 263 of the Indian Succession Act, 1925 – Suppression of Material Facts – Necessary Parties – Respondent No. 1 obtained probate of an unregistered Will dated 09.01.1976 executed by her father Eswaramurthy Gounder, by filing a probate petition under Section 276 of the ISA on 21.04.2009, nearly 33 years after the Will...
Criminal Law – Murder and Attempt to Murder – Sections 302, 307, 149, 120B IPC and Section 27 Arms Act – Conviction Upheld – Appellants (father and son) convicted for the murder of Ram Sharan Yadav and firing upon others on 4th December 2008, allegedly to silence a witness in a prior murder case – Trial Court convicted four persons on the basis of cumulative testimony...
Family Law — DNA Examination — Adultery — Presumption of Legitimacy — Section 112 Evidence Act — Direction Refused — Appellant-husband filed application in divorce proceedings under Section 13 HMA seeking DNA examination of minor child born during subsisting marriage, with the stated purpose of substantiating his allegation of adultery against respondent-wife &m...
Maintenance – Section 12 DV Act – Presumption of Legitimacy – Section 112 IEA – DNA Test – Child's Maintenance Denied – Appellant-mother, employed as domestic help, married the respondent on 2nd March 2016; child born 1st April 2016 – Respondent sought DNA test to establish paternity; report dated 8th May 2017 concluded respondent is not the biological...
Maintenance — Minor Child — Section 125 CrPC — Both Parents in Government Service — Father's Obligation Absolute — Interim Maintenance of ₹8,000/- Per Month Upheld — Revisionist-father serving in CRPF challenged the order of Family Court awarding interim maintenance of ₹8,000/- per month to the minor daughter on the ground that the mother is also employe...
Criminal Law — Murder — Transfer of Malice — Section 301 IPC — Doctrine of Transmigration of Motive — Bail Pending Appeal Rejected — Appellant convicted under Sections 302, 307, 506(2) IPC and 3/25 Arms Act for shooting dead Shakir, who was a bystander, while intending to shoot the informant — Appellant's plea that offence cannot travel beyond Section ...
Criminal Law – Cheating and Criminal Breach of Trust – Section 406/420/120B IPC – Quashing of Complaint – Scope of Section 482 Cr.P.C. – Opposite party/complainant alleged that petitioners induced supply of electrical goods worth Rs. 11,15,297/- by misrepresentation and thereafter denied the transaction refusing payment – Petitioners sought quashing contending a...
Criminal Law – Arrest – Grounds of Arrest – Mandatory Supply in Writing Two Hours Prior to Remand – Sections 109(1), 190, 191(3) BNS – Petitioners arrested on 03.02.2026 in connection with firing inside court premises – First arrest declared illegal for non-supply of written grounds before remand – Grounds supplied during hearing of first remand applicatio...
Criminal Law - SC/ST (Prevention of Atrocities) Act, 1989 – Section 3(1)(r) – Proof of Victim's Caste – Sine Qua Non – Appellants convicted under Section 3(1)(r) for allegedly abusing complainant knowing him to belong to Harijan/Scheduled Caste community – Prosecution relied on a temporary, undated caste certificate (Ex. P/2) issued by Tahsildar – Held: Tahs...