Negotiable Instruments Act – Section 138 – Conviction and Sentence – Appellant and intervenor convicted under Section 138 of the Negotiable Instruments Act – Sentenced to ten months of simple imprisonment and directed to pay a total of Rs. 5 crores in three cases – Conviction and sentence affirmed by the Sessions Court and High Court [Paras 1-5, 7].
Bail and Suspen...
Separation of Powers – High Court’s Power to Direct Notification of Rules Proposed by Chief Justice – Inadequate power under Article 229 to frame rules for post-retiral benefits of former judges – High Court, acting on judicial side, cannot compel the executive to exercise rule-making power as directed. [Para 24-30]
Criminal Contempt – Inappropriateness of Initiati...
Criminal Appeal – Default Bail – Misapplication of Default Bail Provision by High Court – Supreme Court reverses the High Court's decision granting default bail to the respondent under Section 167(2) of CrPC – High Court's error in applying provisions of TADA instead of UAPA noted. [Paras 2, 4-5, 9, 14]
Unlawful Activities (Prevention) Act (UAPA) &ndash...
Criminal Law – Murder Conviction – Appellant convicted for the murder of his wife with a knife, sustaining multiple stab wounds – Trial court’s judgment affirmed by High Court – Supreme Court rejects appeal, highlighting issues of witness reliability, particularly the testimony of the appellant’s minor daughter, who was declared hostile – The court emphasi...
Criminal Appeal – Circumstantial Evidence and Last Seen Together Doctrine – Appeals against conviction under Section 302 r/w 34 IPC for murder, based on circumstantial evidence and the 'last seen together' doctrine – Appellants challenge the judgment and order passed by the Additional Sessions Judge, Hingoli in Sessions Trial No. 45 of 2010. [Para 1, 5, 19-25]
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Criminal Law – Quashing of Complaint – Section 482 CrPC – The Supreme Court held that allowing the criminal proceeding to proceed for offences under Sections 494 and 495 of the IPC would constitute an abuse of process. The Family Court had conclusively determined that the appellant did not have a subsisting marriage when she entered into the second marriage with the respondent. T...
Background – The appeal challenges the Punjab and Haryana High Court’s decision dated 23rd August 2022, which granted custody of a minor child to the respondent-father from the appellant-grandmother under a writ of habeas corpus filed under Article 226/227 of the Constitution – Mother of the child, Sangeeta, deceased under suspicious circumstances; subsequent litigation...
Criminal Law – Conviction under Section 302 read with Section 149 IPC – Challenged for lack of evidence of unlawful assembly – Evidence provided by prosecution witnesses considered unreliable and contradictory – Accused allegedly last seen with the deceased but no sufficient proof of involvement in the murder – High Court upheld the conviction without validly constitu...
Criminal Law – Bank Fraud and Cheating – Special Leave Petitions challenging High Court’s decision upholding Trial Court’s conviction of petitioners for conspiracy (Section 120-B IPC) and cheating (Section 420 IPC) related to unauthorized banking transactions involving unauthorised temporary Demand Overdrafts facilitated by bank officers – Conviction affirmed as fraud...
Allegations of Sexual Exploitation Under False Promise of Marriage – Applicant accused of establishing physical relations with the victim on the promise of marriage - Victim later married another individual - FIR lodged following applicant's engagement with another woman - Applicant claimed relations were consensual and due to a love affair. [Para 3, 6]
Consent Obtained Unde...