Criminal Appeal – Dowry Death and Dowry Demand – Appellant convicted under Section 304-B IPC and Section 4 of Dowry Prohibition Act for dowry death of his wife – Prosecution proved harassment and cruelty for additional dowry soon before death – Sentences for both offenses to run concurrently. [Paras 1-58]
Dowry Death – Essential Ingredients – Death ...
Abduction and Attempted Murder – Neeraj Sharma and Ashwani Kumar Yadav convicted for abduction and attempted murder of Arjit Sharma (PW-6) - Incident involved choking the victim with a motorcycle clutch wire, setting him on fire, and robbing him - Victim sustained 45-48% burns leading to amputation of his right leg [Paras 2-3, 9-10].
Conviction and Sentence – Trial court c...
Murder and Concealment of Evidence – Conviction Affirmed by Supreme Court – Appellant Perumal Raja @ Perumal convicted for murder of Rajini @ Rajinikanth under Section 302 and Section 201 of the IPC – High Court's judgment affirming conviction upheld – Conviction based on circumstantial evidence including recovery of deceased’s body parts and belongings, and super...
Property Dispute – Suit for Declaration and Injunction – Dismissal of suit by Trial Court and First Appellate Court upheld; High Court's decision reversing their findings set aside – Plaintiffs failed to prove oral partition and will as per statutory requirements – Appeal allowed. [Paras 2, 3, 6-8, 12-15]
Evidence – Burden of Proof – Plaintiffs ...
Criminal Appeal - Conviction under NDPS Act – Appeal against conviction for possession of 6 kgs of ganja under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act – Trial court convicted the appellant and sentenced to rigorous imprisonment for three years and a fine – Appeal dismissal upheld by High Court. [Para 1, 44-46]
Search and Seizure Compliance - Compliance with Section...
Negotiable Instruments Act – Section 138 – Conviction and Sentence – Appellant and intervenor convicted under Section 138 of the Negotiable Instruments Act – Sentenced to ten months of simple imprisonment and directed to pay a total of Rs. 5 crores in three cases – Conviction and sentence affirmed by the Sessions Court and High Court [Paras 1-5, 7].
Bail and Suspen...
Separation of Powers – High Court’s Power to Direct Notification of Rules Proposed by Chief Justice – Inadequate power under Article 229 to frame rules for post-retiral benefits of former judges – High Court, acting on judicial side, cannot compel the executive to exercise rule-making power as directed. [Para 24-30]
Criminal Contempt – Inappropriateness of Initiati...
Criminal Appeal – Default Bail – Misapplication of Default Bail Provision by High Court – Supreme Court reverses the High Court's decision granting default bail to the respondent under Section 167(2) of CrPC – High Court's error in applying provisions of TADA instead of UAPA noted. [Paras 2, 4-5, 9, 14]
Unlawful Activities (Prevention) Act (UAPA) &ndash...
Criminal Law – Murder Conviction – Appellant convicted for the murder of his wife with a knife, sustaining multiple stab wounds – Trial court’s judgment affirmed by High Court – Supreme Court rejects appeal, highlighting issues of witness reliability, particularly the testimony of the appellant’s minor daughter, who was declared hostile – The court emphasi...
Criminal Appeal – Circumstantial Evidence and Last Seen Together Doctrine – Appeals against conviction under Section 302 r/w 34 IPC for murder, based on circumstantial evidence and the 'last seen together' doctrine – Appellants challenge the judgment and order passed by the Additional Sessions Judge, Hingoli in Sessions Trial No. 45 of 2010. [Para 1, 5, 19-25]
...