Criminal Law – Voluntarily Causing Hurt to Public Servant – Sections 332/34 IPC – Process Server assaulted while serving injunction order – Appellant no.1 abated on death – Conviction of appellant no.2 upheld – Process Server (P.W.4) went to serve injunction order passed in Misc. Case No. 14 of 1997 arising out of Title Suit No. 22 of 1996 – Both appellant...
Criminal Law – Murder – Circumstantial Evidence – Conviction under Section 302 IPC upheld – Appellant accused of murdering the deceased after expressing improper intentions towards the deceased's wife – Case rested on circumstantial evidence: motive, last seen together, extra-judicial confession, and recovery of blood-stained axe – Trial Court convicted and ...
Essential Commodities Act – Kerosene – Possession Beyond Permissible Limit – Conviction Upheld – Accused found in possession of 27 litres of kerosene oil in three tins at his shop during surprise inspection on 25.05.1990 — possession in excess of 10 litres without a valid dealer's licence prohibited under Orissa Kerosene Control Order, 1962 — accused's d...
Negotiable Instruments Act – Section 138 – Cheque Dishonour – Power of Attorney Holder as Witness – Competency – Cheque dated 05.03.2011 for Rs. 2,50,000/- issued by accused dishonoured – PW1, Power of Attorney Holder of complainant, examined as witness having direct knowledge of and having witnessed the transaction leading to execution of cheque – Trial c...
Constitutional Law – Writ Jurisdiction – Article 226 vs. Article 227 – Maintainability – Judicial Orders of Criminal Courts – Petition under Article 226 seeking quashing of orders dated 12.12.2025 and 21.02.2026 passed by Special Chief Judicial Magistrate (Custom), Lucknow in Criminal Case No. 3894 of 1999 – State raised preliminary objection that judicial order...
Criminal Law - Negotiable Instruments Act, 1881 - Sections 138 and 141 - Vicarious Liability of Directors - Quashing of Summoning Orders - Petitioner sought quashing of summoning orders and criminal proceedings arising from dishonoured cheques issued by the company - Petitioner contended that he was an Independent Director (Non-Executive), not a signatory to the cheques, and not involved in the da...
Criminal Procedure – Anticipatory Bail – Maintainability of direct approach to High Court – Concurrent Jurisdiction – Section 482 BNSS gives concurrent powers to the High Court and Sessions Court to entertain anticipatory bail applications – Normal rule requires approaching the Sessions Court first, but High Court can entertain directly in special or extra-ordinary ci...
POCSO – Proof of Age – Mandatory Requirement – Consent immaterial if victim is a child – Prosecution must prove age beyond reasonable doubt – Birth certificate allegedly handed over by mother suppressed – School Certificate (Ex.P4) issued by Headmaster not supported by foundational records and inconsistent with victim’s own statement regarding date of birt...
Criminal Law – Rape and SC/ST Act – Conviction under Section 376 IPC and Section 3(xii) of SC/ST Act – Reliability of Child Witness – Conviction Restored – Respondent accused of sexually assaulting a nine-year-old girl in a cowshed – Trial Court convicted the accused; High Court acquitted him citing contradictions and the improbability of the victim traveling 16...
Criminal Law – Matrimonial Dispute – Section 498A IPC – Dowry Prohibition Act – Quashing – Vague and Omnibus Allegations – FIR lodged after a delay of more than six years and seven months from the date of marriage alleging dowry demand, harassment, instigation by sister-in-law, miscarriage caused by husband's assault, sexual misconduct by father-in-law, and ...