Criminal Law – Conspiracy and Terrorist Activities – Appellants convicted for conspiracy to commit terrorist acts, possession of arms and explosives, and association with banned organization Lasker-e-Toiba – Convictions upheld under Sections 120B, 121, 121A, 122, 124A, 153A, and 153B of IPC; Sections 5 and 6 of the Explosive Substances Act; and Sections 25 and 26 of the Arms Act ...
CRIMINAL PROCEDURE CODE, 1973 - Section 439 – Regular Bail – Second bail application – Petitioner seeking regular bail in relation to FIR No. 312 dated 27th July 2016, registered under various sections of the Indian Penal Code, 1860 – Earlier bail application dismissed as withdrawn – Petitioner claiming parity with co-accused who was granted regular bail – Court...
Testimony of the victim recorded during trial found to be unbelievable/improbable - lack of credibility - manifest illegality - conviction cannot be based solely on uncorroborated testimony - appellant accused of extending threat and committing sexual intercourse without consent. (Para 29)
Small piece of testimony regarding threat and sexual intercourse without consent cannot be relie...
Cheque Dishonour - Inquiry Prior to Issuance of Process – Discrepancy in judicial opinions regarding whether the amendment in Section 202, sub clause (1) of the Code of Criminal Procedure is mandatory or directory – Larger Bench constituted for resolution – Reference to earlier divergent views of Justices V.M. Kanade and S.C. Dharmadhikari – The amendment concerns inquiry b...
Constitutional Law – Double Jeopardy – Accused having undergone trial and acquitted of offences under Sections 504 and 506 IPC cannot be subjected to another trial for the same charges on the same facts – Re-trial would violate Article 20(2) of the Constitution and Section 300 CrPC [Para 24.2].
Criminal Procedure – Territorial Jurisdiction – Offence...
Quashing of Summoning Order - Non-Executive Independent Directors - The petitioners, being Non-Executive Independent Directors of HDIL, challenged the summoning orders issued against them in relation to dishonoured cheques. The court observed the necessity of proving the day-to-day involvement of these directors in the company's affairs for holding them liable under Section 138 of the NI Act. ...
Criminal Law – Private Defense – Appellant, a BSF constable, fired at intruders in self-defense – Right of private defense extends to causing death if there is reasonable apprehension of danger to life – Incident occurred in a high-risk area near the Bangladesh border with history of smuggling and attacks on BSF personnel – Court held that actions were in exercise of ...
Bail Application under Sections 439 of CrPC and 45 of PMLA – Accused, Jayram Vinayak Deshpande, former Sub-Divisional Officer, charged under PMLA for facilitating illegal land conversion and construction within Coastal Regulation Zone-III, aiding in money laundering activities. [Paras 1-4, 12.2]
Proceedings Originated from Environmental Violation – ECIR based on a complain...
Criminal Law – Quashing - Preventive Detention – Challenge to Detention Order – validity of a detention order issued under the Maharashtra Prevention of Dangerous Activities Act (MPDA Act) against the petitioner, Nilesh Sunil Pendulkar. The order was challenged on several grounds, including delay in issuance, non-consideration of bail orders, and violation of constitutional right...
Custody of Child – Welfare of Minor – The paternal grandparents sought custody of their minor grandson, whose parents passed away during the Covid-19 pandemic – High Court had handed over custody to the maternal aunt – Supreme Court reversed this decision, emphasizing the emotional and loving care provided by paternal grandparents – Grandparents' ability to provid...