Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Cheque – Conviction – Revisional Jurisdiction – Petitioners convicted for dishonour of cheque amounting to Rs. 25,00,000/- issued as partial refund for unfulfilled property sale agreement – Defence pleaded coercion in obtaining the cheque and refund agreement, and denied receipt of original considerat...
Criminal Law - POCSO Act – Age Determination – Mandatory Compliance – Conviction set aside – Appellant convicted under Sections 448, 323 IPC and Sections 8, 12 of POCSO Act for alleged trespass and sexual assault on a minor girl – No school certificate, birth certificate or ossification test produced as required under Section 94 of Juvenile Justice Act – Held: A...
Criminal Procedure – Leave to Appeal Against Acquittal – Right of Victim – Appellant sought leave under Section 378(4) Cr.P.C. against acquittal in complaint involving serious offences under IPC – Supreme Court in M/s Celestium Financial v. A. Gnanasekaran held that victims have an unconditional right to appeal under proviso to Section 372 Cr.P.C. – High Court followe...
Criminal Law – FIR Quashing – Section 482 Cr.P.C. – Cognizance Taken – FIR lodged in 2024 for alleged sexual harassment incidents dating back to 2018–2020 – FIR registered under Sections 354A, 354D, 506, and 509 IPC – Charge sheet later filed under Sections 354 and 354A IPC – Held: FIR not barred merely due to Section 468 Cr.P.C. which limits cogniza...
Land Acquisition – Market Value Determination – Comparable Sale Evidence – Appellants challenged the compensation awarded by the Reference Court for land acquired for Gas Cracker Project – Reference Court enhanced land value from ₹1,00,000 to ₹3,00,000 per bigha but declined to accept sale instance (Exh. 47) showing ₹6,00,000 per bigha as comparable – Held: Sale...
Dowry Harassment and Cruelty – Accusations of dowry demands, physical and emotional abuse by the appellant and his family – FIR lodged by the wife (Respondent No. 2) listing extensive mistreatment, including physical harm and emotional torture related to dowry demands – Chargesheet filed against appellant after police investigation, while other family members were absolved in the...
Criminal Law – Section 314 IPC – Illegal Abortion Causing Death – Conviction Confirmed – Appellant, an unqualified person, attempted to terminate pregnancy of deceased (8 months pregnant) using root-like object and fishing hook – Deceased died due to hemorrhage and septicemia following crude and unhygienic abortion – Eyewitness PW-1 (sister-in-law) and PW-3 (dau...
Criminal Law – Negotiable Instruments Act – Section 138 – Acquittal – Appellant filed complaint against accused for dishonour of cheque for Rs. 20 lakhs – Cheque returned with endorsement "Drawer’s Signature Differs" – Legal notice claimed to be sent, but original acknowledgment card not produced – Trial Court refused to mark photocopy and ...
Criminal Law – Rash and Negligent Driving – Death in Motor Accident – Res Ipsa Loquitur – Truck fell 200–250 feet into a gorge resulting in death of conductor – Accused admitted driving – Mechanical inspection showed no defect – Accident of such nature, absent any other explanation, attracts the principle of res ipsa loquitur – Held: burden shi...
Criminal Law – Prevention of Corruption – Telecom Stores Scam – Conspiracy – Diversion of Materials – Misappropriation – The prosecution proved that A1 to A5 and A7 to A12 conspired with contractor A6 (deceased) to raise false indents, obtain telecom materials from Chennai Stores and divert them to private scrap dealers – Evidence of PW-46, PW-47 and lorry...