Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Friendly Loan – Presumption under Sections 118 and 139 – Petitioner, a dentist, issued a cheque for Rs. 10,00,000/- towards repayment of a friendly loan extended by the opposite party — cheque dishonoured for insufficiency of funds — legal notice issued but not responded to — petitioner...
Bail – Undertrial – Right to Speedy Trial – Article 21 – Undue Delay – Applicant arrested on 13.12.2023 for offences under Sections 302 and 201 read with Section 34 IPC and Section 25 of the Arms Act – Bail previously dismissed by this Court on 10.01.2025 – Out of 47 prosecution witnesses, only 3 examined in over two years – Trial progressing at a sn...
Criminal Law – Sanction for Prosecution – Section 197 Cr.P.C. – Police Officers – Subordinate Ranks – Appellants, subordinate rank police officers, were accused of murdering the complainant's husband allegedly at the instance of a senior officer (Sankaran Moitra) during election duty – This Court had earlier quashed proceedings against Sankaran Moitra for wa...
POCSO Act – Section 6 – Aggravated Penetrative Sexual Assault – DNA Evidence – Reliability – Acquittal Restored – Appellant convicted by the High Court under Section 6 of POCSO Act and sentenced to ten years Rigorous Imprisonment upon reversal of the Sessions Court's acquittal – Core issue: whether the DNA report (Exh. P9) dated 09.10.2017 could be rel...
Public Interest Litigation — Right to Health — Article 21 — Burn Care Infrastructure — State-wide Systemic Failure — PIL instituted on the backdrop of a kerosene fire incident in Hazaribagh in 2021 caused by adulterated PDS kerosene with a flash point of 13.5°C, far below the prescribed safety minimum of 35°C — Incident resulted in four deaths including ...
Remission of Sentence – Life Convict – Applicable Policy – Governing Date – Petitioner, a life convict sentenced under Section 302 IPC, sought remission of sentence – State rejected the representation relying on G.O.Ms. No. 71 dated 17.04.2025, which bars life convicts convicted for kidnapping and related offences under Sections 363-A, 364, 364-A, 366–369, 372 a...
Prevention of Money Laundering Act, 2002 – Anticipatory Bail – Twin Conditions under Section 45 – Applicability – Accused daughter of late MD of PACL/PGFL, which allegedly collected over Rs. 48,000 crore through fraudulent investment schemes – ECIR registered in 2016 – Accused a Director in two Australian companies and in M/s Maurya Healthcare (P) Ltd., which re...
Indian Penal Code, 1860 – Sections 454 and 427 – House Trespass and Mischief – Landlord Trespassing into Tenanted Premises – Ownership No Defence – Accused, the owner of a room let out to PW1, entered the tenanted room in PW1's absence and threw out his household articles causing damage of Rs. 10,000/- – Convicted by Trial Court and sentence modified by Appe...
Maintenance – Ex-Parte Order – Section 144 BNSS (erstwhile Section 125 CrPC) – Alternative Remedy Under Section 145(2) BNSS – Criminal Revision Not Maintainable – Principal Judge, Family Court, Jhansi, by order dated 20.08.2025, directed the revisionist-husband, a retired Air Force personnel, to pay Rs. 30,000/- per month to the wife-opposite party, ex-parte, after du...
Anticipatory Bail – Section 482 BNSS – Sacrilege and Misappropriation – SGPC Official – Allegations Confined to Negligence – Petitioner, a retired Secretary of SGPC, sought anticipatory bail in connection with FIR alleging unauthorized printing, distribution, disappearance and mishandling of 328 sacred saroops and misappropriation of ₹9,82,700/- – SGPC's o...