Criminal Law – Copyright Infringement – Vicarious Liability – Court dealt with the issue of vicarious liability under the Copyright Act, 1957. The petition sought the quashing of proceedings against the petitioner, accused of copyright infringement in his capacity as AGM of a company. The Court examined the applicability of vicarious liability and the role of the company in the a...
Criminal Law – Domestic Violence - Domestic Violence in USA and India – Allegations of physical, verbal, and emotional abuse, and economic deprivation from 1994 to 2017 – Incidents corroborated by family members – Admission of domestic violence incident in USA in 1999 – Sustained mental torture and emotional distress established. [Paras 4, 5, 8-13, 17-24, 71, 72]
C...
Quashing of Proclamation as Proclaimed Person – Challenging the order declaring petitioner as proclaimed person in FIR No.79/2014 under Sections 325, 323, 34 IPC – Allegation of incorrect calculation of mandatory 30 days period under Section 82 Cr.P.C. – Proclamation and declaration as proclaimed person quashed due to non-compliance with mandatory requirements of Section 82 of Cr...
Conviction and Sentencing of Juvenile - Thirumoorthy, a juvenile, convicted for various offenses by the trial court and High Court without adherence to Juvenile Justice Act provisions – Conviction for offenses under IPC and POCSO Act – Sentences ranging from 1 to 10 years of rigorous imprisonment [Para 2, 9, 31].
Non-Compliance with JJ Act - Flagrant violation of JJ Act - ...
Criminal Procedure – Allegations of Perjury and False Evidence - Application under Section 340 of the Cr.P.C. – The petitioners challenged the order remitting the matter to the trial court for further inquiry into allegations of perjury under Section 340 of the Cr.P.C. The contention revolves around the false implication of respondents No. 2 and 3 in a complaint under Section 138...
Background of Case – FIR lodged based on allegations of using obscene photographs for extortion and blackmail by Sabita Paul and her son Supratim Paul – Supratim already granted anticipatory bail [Para 2, 3, 7]
Criminal Law – Anticipatory Bail – Principle of Parity in Bail Grant – principle of parity in granting anticipatory bail in the context of a...
Quashing of Proceedings – Incompetence of Complainant – Inadequate Authority of Additional Chief Medical Officer – Pre-Natal Diagnostic Techniques Act Violations – Court holds that the Additional Chief Medical Officer, who filed the complaint, was not the ‘appropriate authority’ as mandated under Section 28 of the Act of 1994. Observes that the complaint w...
Criminal Law – Abetment of Suicide (Section 306 IPC) – Quashing of Proceedings – applicability of Section 306 of the Indian Penal Code in the context of the appellant’s involvement in the alleged abetment of suicide. The Court examined the evidence and allegations to ascertain the presence of incitement or instigation leading to the suicide. [Para 1, 7-11]
...
Criminal Law – Bail Application – Dismissal – The Supreme Court deliberated on the bail granted to the accused in a murder case by the High Court, emphasizing the need for detailed reasoning in bail decisions. The case involved the alleged involvement of the respondent in a murder, not initially named in the FIR but later implicated through investigation. [Para 2-8]
...
Criminal Law – Unresolved Homicide – CBI Investigation Ordered – In Awungshi Chirmayi and Anr. v. Government of NCT of Delhi and Ors., the Supreme Court dealt with the circumstances of an unresolved homicide case involving a 25-year-old woman from Manipur. The case exhibited inconsistencies and inconclusive evidence from the initial investigations. The Supreme Court, noting the i...