Criminal Law – Abetment of Suicide – Section 306 IPC – Ingredients – Cognizance – Order taking cognizance under Section 306 IPC challenged – Held, to attract Section 306 IPC, essential ingredients of Section 107 IPC namely instigation, conspiracy or intentional aid must be prima facie established – Mere refusal to marry or emotional distress caused thereby...
Criminal Law - Preventive Detention – Drug Offender – Public Order vs. Law and Order – Detention based on three criminal cases under NDPS Act alleging possession and peddling of Ganja – Mere registration of offences and pendency of bail applications insufficient to establish disturbance of “public order” – Absence of material showing harm, danger, alarm or...
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 – 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...
Matrimonial Law - Maintenance – Wife Living Separately – Sufficient Cause – Section 125(4) Cr.P.C. – Family Court denied maintenance to wife on ground that she refused to return to matrimonial home during proceedings under Section 9 HMA – Held, refusal to resume cohabitation despite restitution proceedings does not by itself disentitle wife from maintenance – Di...
Criminal Law - Rape of Minor – Conviction – Sole Testimony of Prosecutrix – Sufficiency of Evidence – Appellant convicted under Section 376(2)(f)(i) IPC, Section 6 POCSO Act and Section 451 IPC – Victim aged about 9 years at time of incident – Victim categorically stated in cross-examination that appellant made full penetration – Held: Conviction can be su...
Preventive Detention – Validity of Detention Order – Officer's Authority – Detention order issued under Section 3(1) of PIT NDPS Act by Additional Chief Secretary (Home) – Held: Though officer was competent by rank, order was not issued in the name of the State Government nor was it stated to be on behalf of the Government – Procedural irregularity noted but does ...
Criminal Law - Companies Act, 2013 – Fraud – Cognizance on Private Complaint – Bar under Section 212(6) – Special Court took cognizance of offences under Sections 448 and 451 of the Companies Act on a private complaint alleging falsification of company records and fraudulent filings – Section 448 provides no independent punishment and makes the accused “liable u...
Criminal Law – Murder and Theft – Circumstantial Evidence – Acquittal – Prosecution case rested entirely on circumstantial evidence – No eyewitnesses to the occurrence – “Last seen” theory not proved as material witnesses (P.Ws.6 to 16) turned hostile – Held: In absence of complete chain of circumstances, conviction under Sections 302 and 379 I...