Anticipatory Bail – National Security Offences – Alleged Syndicate for Aiding Illegal Immigrants – Seriousness of Allegations – Rejection Upheld – Appeal filed against order rejecting anticipatory bail in offences under IPC, Foreigners Act and Passport Act – Allegations of being kingpin of syndicate providing illegal assistance, financial support and settlement ...
Criminal Law – Quashing - Proclaimed Person – Mandatory Compliance of Section 82 CrPC / Section 84 BNSS – Mechanical Declaration Set Aside – Trial Court declared the petitioner a proclaimed person on the basis of alleged execution of warrants through family members and unexecuted non-bailable warrants – No proper satisfaction recorded that the petitioner had abs...
NDPS Act – Bail – Commercial Quantity – Rigours of Section 37 – Applicants sought bail under Section 483 BNSS in FIR registered under Sections 21 and 29 NDPS Act – Recovery of 468.380 grams of Chitta (Heroin) effected from co-accused – Quantity admittedly commercial – Held: Once offence involves commercial quantity, mandatory twin conditions under Section ...
Criminal Law – Dowry Death – Section 304-B IPC – Acquittal – Accused convicted by Sessions Court for dowry death and cruelty – Deceased died by falling under a train within seven years of marriage – Prosecution alleged cruelty and harassment for additional dowry – High Court examined requirement of “soon before death” – Held: Prosecution ...
Criminal Law - Sexual Offences – Rape – Deaf and Mute Victim – Conviction under Section 376 IPC challenged – Victim was deaf and dumb – Her testimony was recorded without following mandatory requirements of Section 119 of Indian Evidence Act – No videography, no record of signs/gestures, no oath administered to interpreter – Held: Evidence of victim inadmi...
Criminal Law – Murder and Attempt to Murder – Appeal against Conviction – Abatement of Appeal on Death of Co-Accused – Appeal surviving only for one accused – Sections 302/34 and 307/34 IPC – Common Intention – Proof – Appeal partly abated due to death of accused-appellant Nos. 1 and 2 – Appeal considered only qua surviving appellant – Co...
Consumer Protection Act – Endorser – Liability – Section 21 – Petitioner impleaded as opposite party solely on ground of being brand ambassador of finance company – Held, liability of an endorser under Consumer Protection Act is confined to proceedings contemplated under Section 21 relating to false or misleading advertisements – Endorser cannot be fastened with...
Criminal Procedure Code – Section 482 – Quashing of Proceedings – Scope and Limits – High Court quashed prosecution holding dispute to be purely civil and relying on prior civil decree upholding settlement deeds – Supreme Court reiterates that inherent powers cannot be used to conduct a mini-trial or evaluate credibility of allegations – At quashing stage, alleg...
NDPS Act – Possession of Poppy Husk – Conviction under Section 15(c) – Acquittal on Appeal – Failure to Prove Case Beyond Reasonable Doubt – Appellants convicted for possession of three gunny bags each containing about 40 kg poppy husk – Conviction challenged on grounds of contradictions in prosecution evidence and non-compliance of statutory provisions – ...
Criminal Law - Dowry Death – Conviction under Section 304B IPC – Dismissal of Appeals – Deceased married in July 1991 and found hanging in matrimonial home on 28.09.1995 – Trial Court convicted husband and parents-in-law for dowry death – High Court upheld conviction holding that all statutory ingredients of Section 304B IPC were satisfied – Appeals dismissed [P...