Constitutional Law – Freedom of Speech – Sedition – Sections 124A & 505 IPC – Validity upheld – Challenge to constitutionality of Sections 124A and 505 IPC on the ground that they violate Article 19(1)(a) – Held: The provisions, when read in light of Article 19(2), are valid – The restrictions imposed are “in the interests of public order” ...
Family Law – Paternity Dispute – DNA Test Sought by Father – Request Denied – Maintenance Proceedings – Presumption of Legitimacy Upheld – Petitioner-husband challenged trial court’s refusal to order DNA testing of minor child during pendency of wife's maintenance petition under Section 125 CrPC – Held: No prima facie material produced by petitio...
Criminal Law – Dacoity with Murder – Minimum Number of Participants – Conviction Under Section 396 IPC – Illegal When Fewer Than Five Accused Found Guilty Without Finding of Others’ Participation – Conviction Set Aside – Trial court convicted four out of six accused under Section 396 IPC while acquitting two others without recording any finding that five o...
Cognizance – Closure report – Magistrate relying on complainant’s statement and affidavit – Error in law – Matter should have been treated as complaint under s.190(1)(a) CrPC – Impugned order set aside; liberty to proceed under Chapter XV CrPC [Paras 12-16, 23-24].
Cognizance – Scope of Magistrate’s power – Magistrate not bound by investigat...
Criminal Law – Abetment of Suicide – Mens Rea – Adequacy of Sentence – Section 306 IPC – Section 377 Cr.P.C. – State sought enhancement of sentence imposed on accused-husband convicted under Sections 498A and 306 IPC for wife’s self-immolation following repeated quarrels and physical abuse under intoxication – Evidence showed deceased committed suici...
NDPS Act – Suspension of Sentence – Section 389 CrPC / Section 430 BNSS – Commercial Quantity – Appellant convicted for possession of 25.086 kg ganja and sentenced to RI for 10 years with fine of ₹1,00,000 – Application for suspension of sentence during pendency of appeal – Held: Recovery of commercial quantity attracts rigour of Section 37 NDPS Act – Gr...
Criminal Law – Discharge – Scope under Sections 438 & 442 BNSS (Corresponding to Sections 227–228 CrPC) – Revision against rejection of discharge – Petitioner/Accused No.11 sought discharge on the ground that his name did not appear in FIR or witness statements and that the only material against him was the confession of Accused No.4 before police – Held: At...
Criminal Law – SC/ST (Prevention of Atrocities) Act, 1989 – Anticipatory Bail – Bar under Section 18 – Applicability to Accused Added under Section 319 CrPC – Jurisdiction of High Court – Respondent added as accused under Section 319 CrPC in case involving offence punishable under Section 3(2)(v) of the 1989 Act – High Court granted anticipatory ...
Section 528 BNSS - Right to Travel Abroad – Article 21 of Constitution – Permission to Study Overseas Granted – The petitioner, a 21-year-old student, sought permission to go abroad for higher studies in Germany but was denied by the trial court on apprehension of absconding – Held: Right to travel abroad is an integral facet of personal liberty under Article 21 – Cou...
Criminal Law – Forgery and Cheating – Loan Fraud – Proof of Partnership and Entrustment – Petitioners (A1 and A2) convicted for conspiring with absconding co-accused Sethuraman to obtain Rs.25.95 lakh loan from Central Bank of India by submitting forged mortgage deeds and fake valuation certificates – A1 claimed false implication and absence of proof of partnership &n...