Negotiable Instruments – Dishonor of Cheque – A complaint filed under Section 138 of the Negotiable Instruments Act by a Managing Director on behalf of a company is not liable to be dismissed merely because the Managing Director's name appears first followed by the company's name. The essential requirement is that the complaint indicates it is filed on behalf of the compan...
Criminal Appeal – Habeas Corpus Proceeding – The appellant approached the court alleging illegal detention of his wife, Mathithra, by her family – The Court, after facilitating the recording of Mathithra's statement, found that she wishes to reside with the appellant of her own free will – Respondents directed to ensure her joining with the appellant. [Para 1-5]
Hind...
Criminal Law – Conviction based on Disclosure Statement – Appellant convicted based on disclosure statement and recovery of inculpatory material – Court held that while an accused can be convicted on the basis of a disclosure statement, the recovery must be unimpeachable and not doubtful – Factors such as the interval between the offense and disclosure, the commonality and ...
Criminal Appeal - Summoning of Additional Accused - Scope of Section 319 Cr.P.C - The Supreme Court examines the scope and application of Section 319 Cr.P.C, which empowers the court to summon a person as an accused if evidence during the trial indicates their guilt.
Trial Court's Order - Summoning Three Accused - The appellant, who was the informant and a prosecution witness in a criminal ...
Criminal Appeal – Bail – Unlawful Activities (Prevention) Act, 1967 – Indian Penal Code, 1860 – Appellants sought bail in cases relating to charges under UAPA and IPC – Examination of materials and evidence presented by prosecution – Assessment of whether reasonable grounds exist to believe accusations against appellants are prima facie true – ...
Dowry Death – Circumstantial Evidence – Conviction under Sections 304B and 201 read with Section 34 IPC – Prosecution's case based solely on circumstantial evidence – No eye-witness testimony on how the deceased's body was found on the riverbank – Two hypotheses: (1) deceased killed within the home and body disposed in the river; (2) deceased taken to the rive...
Criminal Appeal – Conviction under Section 307 IPC – Appellants accused of conspiring and attempting to murder Complainant (PW1) – Incident arising from a dispute over land between PW1 and Accused No.1 – Attack in PW1's grocery shop by appellants and other accused – Injuries sustained by PW1 and PW2 (PW1's mother) deemed simple by doctor (PW13). [Paras 3-6]
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Legal Representation – Absence of Appellant’s Advocate – The Division Bench appointed an advocate to represent appellant Niranjan Das but failed to give adequate time for preparation. Advocacy impaired due to lack of time to study the case, indicating procedural impropriety. [Para 4, 6-7]
Conviction – Section 302 of IPC – Appellant Niranjan Das convicted for murder...
Criminal Appeal – Recall of Witness – Appellant sought recall for further examination as a witness in the trial – High Court rejected the application – Appeal filed in Supreme Court. [Para 3-4]
Evidence – Central Forensic Sciences Laboratory (CFSL) Report – Appellant’s initial deposition recorded before CFSL report could be examined – CFSL expert&...
Robbery with Deadly Weapon – Section 397 IPC – Conviction of appellant under Sections 392 and 397 IPC challenged – Prosecution failed to prove use of firearm by appellant – Co-accused alone used the firearm – Charge under Section 397 IPC requires offender to use deadly weapon – Appellant’s involvement proved for robbery under Section 392 IPC but not under ...