Preventive Detention – Delay in Passing Detention Order – Live-Link Doctrine – Detenu involved in three FIRs under NDPS Act and enlarged on bail in all – Last prejudicial activity allegedly on 18.09.2024, but detention order passed only on 01.03.2025 – Held: Delay of nearly six months snapped the live link between alleged activities and purpose of detention – No...
Criminal Law – Conviction Based Solely on Section 313 CrPC Statement – Appellant convicted for dacoity under Sections 395 and 397 IPC solely on the basis of admission recorded under Section 313 CrPC – No prosecution witness of fact examined – Only formal witness (P.W.1) proved FIR and charge-sheet – Held: Statement under Section 313 CrPC is not substantive evidence an...
Matrimonial Law - Maintenance – Enforcement of Order – Section 125 CrPC – Look Out Circular – Jurisdiction of Family Court – Family Court issued LOC against husband for non-payment of maintenance – Held: Family Court has no power or jurisdiction to issue Look Out Circular while executing maintenance order under Section 125 CrPC [Paras 1, 6].
Criminal Procedur...
Criminal Law – Quashing of FIR and Charge-Sheet – Scope of Inherent Jurisdiction – FIR lodged alleging ridicule, abuse and intimidation – Charge-sheet filed for minor offences – Allegations against present petitioner vague and omnibus – No specific overt act attributed – Held: Continuation of proceedings would amount to abuse of process of Court – FI...
Criminal Law – Bail – Illegal Detention – Petitioner accused under Sections 64(1)/351(3) BNS and Section 4 of POCSO Act – Detained by police beyond 24 hours without production before magistrate – Medical examination conducted on 18.08.2025 though notice under Section 179 BNSS issued only on 19.08.2025 – High Court held that custody since 18.08.2025 without court...
Criminal Law – Murder Trial – Sole Eyewitness Testimony – Conviction Based Solely on Testimony of P.W.10 Not Sustainable – P.W.10 claimed to witness the murder, but his presence was denied by other key witnesses including the informant – Contradictions and delay in recording his statement remain unexplained – Held: P.W.10’s testimony lacks credibility, is ...
Criminal Law – Food Adulteration – Misbranding – Reversal of Conviction – Accused prosecuted for selling misbranded soy sauce bottles lacking batch number and vegetarian symbol – Convicted by Trial Court under Section 16(1)(a)(i) PFA Act and sentenced to six months' simple imprisonment – First Appellate Court acquitted the accused – Held: Appellate Cou...
Criminal Law - POCSO Act – Aggravated Penetrative Sexual Assault – Proof of Penetration – Conviction under Section 6 r/w 5(m) – Victim aged eight years alleged penetrative sexual assault – FIR contained allegation of penetration – However, statement under Section 164 Cr.P.C. and medical evidence showed only attempt to rape – Doctors found hymen intact with...
Insurance Law – Jewellers Comprehensive Protection Policy – Theft vs. Entrustment – Customers known to insured placed prior order for gold chains – Jewellery voluntarily handed over to customers for inspection – Customers dishonestly replaced gold chains with artificial ones and left premises – Held: Initial voluntary handing over constituted “entrustment&...
Criminal Law – Bail – SC/ST (PoA) Act – Allegation of Rape and Forced Abortion – Appellant accused of repeated sexual intercourse with the victim under false promise of marriage – Victim alleges forced abortion by appellant and his family and caste-based abuse – Victim examined in trial – Appellant in custody since 15.07.2025 – Trial likely to be pro...