Criminal Law – Murder Conviction – Accused-appellants convicted under Section 302 IPC for the murder of Vijay Bahadur Singh alias Aangnu – Trial court’s judgment affirmed by the High Court – Appeals challenged the reliability of witness testimonies and alleged major contradictions in evidence – High Court found significant contradictions and procedural errors le...
Service Law - Revision of Pension – Government-Aided College Staff Entitlement – Rule 6 of the Haryana Civil Services (Revised Pension) Part I Rules, 2009 – The appellants, retired from government-aided private colleges before 01.01.2006, claimed entitlement to revised pension under Rule 6 on par with government college staff – Held: Revised pension is payable to the appell...
Conviction – Fresh Hearing by Successor Judge – Section 235 Cr.P.C. – The appellant contended that the new Presiding Officer was required to re-hear the case on the question of conviction after the transfer of the original judge – Supreme Court held: The successor judge is only required to hear the accused on the question of sentence under Section 235(2) Cr.P.C., not on con...
Criminal Law – Quashing of FIR and Proceedings under Article 142 – Appeal Allowed – The appellant was charged with multiple offences, including under Sections 376 and 377 IPC, based on a complaint by his wife. However, during trial, the complainant retracted her statements, indicating she filed the complaint under family pressure. Held: Considering the retraction and the desire o...
Labour Law – Criminal Law - Unfair Labour Practice – Quashing of Proceedings – Section 482 CrPC – Criminal Complaint Quashed – Petitioners sought quashing of criminal proceedings under Sections 25(T) and 25(F) of the Industrial Disputes Act, alleging that the company engaged in unfair labour practices by coercing workmen to resign from the union and terminating five e...
Criminal Law – Dacoity Conviction – Identification and Recovery of Stolen Articles – Appellant convicted under Section 395 IPC for hijacking a truck and theft of personal belongings – Prosecution’s case established through testimonies of victims and recovery of stolen items based on the appellant’s statements – Appellant identified during Test Identificati...
Medical Negligence – Quashing of FIR – Petition under Section 482 Cr.P.C. seeking quashing of FIR and subsequent criminal proceedings – Allegations against a senior gynecologist for leaving a surgical sponge inside a patient during surgery – Initial investigation followed by medical board review and subsequent judicial scrutiny – FIR and criminal proceedings quashed b...
Money Laundering – Scheduled Offence Requirement – Absence of Scheduled Offence at Time of Complaint – Bail Granted – The appellants were detained for prolonged periods in a PMLA case initiated based on an ECIR and FIR which initially did not include a scheduled offence. The Court noted that when the complaint was filed under Section 44 of the PMLA, there was no scheduled o...
Criminal Law – Quashing of FIR – FIR for offences under Sections 376, 377, 323, 509, 34, 380 IPC – Petitioners seek quashing based on settlement agreement – Court observes FIR contains serious allegations of sexual violence, misrepresentation, and threats – Compromise involving monetary settlement not sufficient ground for quashing in serious criminal cases – Pe...
Criminal Law – Theft and Housebreaking – Delay in FIR registration – Impact on Prosecution Case – The petitioner filed a revision petition against the acquittal of respondents by the Sessions Judge, Faridkot. The High Court emphasized the critical impact of the delay in FIR registration, which remained unexplained and was deemed fatal to the prosecution’s case. The FI...