Criminal Law – Acquittal in Rape Case – Contradictions in Prosecution's Case – Appeal against Acquittal under Sections 376, 506 IPC and Sections 4, 12 of POCSO Act dismissed by the High Court – The appellant, a minor victim, and her father challenged the acquittal of the accused (respondent no. 2) by the Trial Court in a case alleging rape and criminal intimidation &nda...
Criminal Law – Quashing – False Promise of Marriage and Consent under IPC – Case involving allegations against the accused of sexual intercourse based on false promise of marriage, leading to charges under sections 417, 376, and 313 of the IPC – Petitioner's argument for quashing the proceedings on the basis of the voluntary nature of the cohabitation and the absence of...
Criminal Law – Plantations Labour Act Violations – Cognizance of Complaint – Complaint filed against directors and managers of The Bombay Burmah Trading Corporation Limited for non-compliance with provisions under the Plantations Labour Act and Tamil Nadu Plantation Labour Rules regarding the maintenance of labour quarters, provision of potable water, and sanitation. The petition...
Criminal Law – Conviction under Sections 304(i) and 334 IPC – Appeal filed challenging the trial court's conviction – High Court's scrutiny of evidence – The appellant, a mother, inflicted injuries on her two minor children, leading to the death of one child and injury to the other – The incident occurred at Marina Beach, Chennai, where the appellant attempted...
Criminal Law - Bail - Bharatiya Nyaya Sanhita, 2023 - Specific Overt Acts - Petitioners 2 and 4, involved in a case of grievous assault using metal rods, were denied bail due to the severity of their actions, which resulted in significant injuries to the victims. The court emphasized that the evidence, including medical records, supported the prosecution's case against these petitioners. In co...
Criminal Law - Bail Application - Section 6 POCSO Act - The petitioner sought bail after being in custody for four years, arguing that medical evidence did not conclusively establish penetrative sexual assault, and that there were inconsistencies in the victim's testimony. The court noted the severity of the charges, including aggravated penetrative sexual assault under Section 6 of the POCSO ...
Criminal Procedure – Quashing of FIR – Petitioners sought quashing of an FIR alleging illegal distribution of liquor during elections – Court held that the recovery of liquor and the specific allegations in the FIR were sufficient to establish a prima facie case – Political rivalry could not be grounds for quashing the FIR when the allegations disclosed a cognizable offence...
Medical Admission – Disability and Eligibility for NEET – The petitioner was disqualified from NEET admission based on a speech and language disability of 44%, as per existing regulations disqualifying candidates with disabilities exceeding 40%. The Supreme Court, referencing a similar precedent, directed the Dean of Byramjee Jeejeebhoy Government Medical College, Pune (BJGMC) to const...
Criminal Law – Petition under Section 482 Cr.P.C. for quashing of defamation charges – Accusations against the petitioners (including the Chief Minister of Delhi) for imputing that BJP had orchestrated deletion of voter names from specific communities – The High Court examined the validity of summoning orders issued by the Magistrate and upheld by the Sessions Court – Court...
Prisoners' Rights - Unauthorized Possession of Mobile Phone - Parole Denial - The court examined whether the unauthorized possession of a mobile phone by a prisoner, without any accompanying conviction or evidence of misuse, justifies the denial of parole. The court emphasized that such denial, in the absence of a full trial or a conviction, infringes upon the presumption of innocence, a corne...