Criminal Law – Acquittal – Section 498-A IPC – Appellant convicted for cruelty towards the deceased based on dowry demands – Trial court and High Court convicted appellant under Section 498-A IPC, sentencing him to three years of rigorous imprisonment – High Court modified the sentence to the period already undergone – Appellant argued he was falsely implicated,...
Criminal Law – Remand of Trial – Appeal against acquittal – Appellant challenged the order of the Allahabad High Court, which had remanded the case back to the Trial Court for retrial from the stage of testimony of PW 2 – The High Court found the trial process unfair due to the admission of prosecution documents without formal proof – Directed the retrial, allowing th...
Criminal Law – Bail – Custody of Elected Representative – Regular Bail Granted – The petitioner, a sitting MLA, was in custody for over one and a half years for using mobile phones to allegedly threaten witnesses and extort money while in jail – His bail was initially denied by the Special Judge and the High Court, citing his criminal history and the potential misuse ...
Criminal Law – Rash and Negligent Driving – Conviction Quashed – The applicant, a bus driver, was convicted under Sections 279 and 304-A of the IPC for causing the death of a pedestrian in a road accident – He was sentenced to three months of simple imprisonment and fined Rs.1,000 – Held: The conviction was not sustainable as there was no evidence of rash or negligent...
Negotiable Instruments – Dishonor of Cheque – Presumption under Sections 138, 139, and 118(a) N.I. Act – Once the issuance of the cheque is admitted or established, a presumption arises that the cheque was issued for a legally enforceable debt or liability – The burden is on the drawer to rebut this presumption – The Supreme Court found that the respondent failed to a...
Criminal Law – Identification of Accused in Poor Lighting – Doubts on Accuracy – The incident took place during the dark night of 24/25 May 2004, and the prosecution relied on eyewitnesses who claimed to have identified the accused in the light of torches and a lantern – The Court found that the lantern was not recovered, and torches were not produced before the trial court...
Maintenance – Revision of Maintenance Order – Petitioner challenged the Family Court’s order to pay Rs. 30,000 per month as maintenance to his estranged wife – Contention included existing maintenance obligations totaling Rs. 22,000 per month and his deteriorating health and income capacity – High Court modified the maintenance to Rs. 15,000 per month – Emphasiz...
Anticipatory Bail – Allegations of Conspiracy and Forgery – Business Dispute – Petitioners granted anticipatory bail – Accusations against petitioners of conspiracy, forgery, and extortion arising from disputed business transactions related to reconstitution of a partnership firm and sale of property – The Court found the allegations to primarily stem from a civil dis...
Narcotic Drugs – Possession of Poppy Husk – Section 15 NDPS Act – Appeal Against Conviction – Evidence Required – The appellant was convicted under Section 15 of the NDPS Act for possessing 11 quintals and 88 kilograms of poppy husk – The primary ground for appeal was the failure of the prosecution to produce key evidence, such as the examined cloth sample parce...
Criminal Law – Suspension of Sentence – Section 302 IPC – Bail Granted to Co-Accused – The appellants were convicted and sentenced to life imprisonment under Section 302 read with Section 34 IPC for their involvement in the death of Babu Lal – The appellants argued that no overt act was attributed to them, and they only held the victim down while another co-accused de...