Anticipatory Bail Rejection – Proclamation Under Section 82, Cr.PC – Non-Entitlement: When an accused, against whom a non-bailable warrant is pending and proceedings under Sections 82/83, Cr.PC are initiated, is not entitled to the relief of anticipatory bail. The appellants’ contention that their pending application for anticipatory bail should be considered on its merits, despi...
Bigamy and Cheating Allegations – Proceedings against Petitioners for participation in second marriage ceremony of accused – Section 494 IPC applicable only to individuals who marry during the subsistence of their first marriage – Participation in ceremony alone does not attract Section 494 IPC liability [Paras 2-5, 7-10].
Application of Section 494 IPC – Pertains solely...
Petitioner’s Arrest and Charges – Petitioner arrested and remanded for offences under Sections 279, 308, 427 of IPC read with Sections 181, 185, 188 of the Motor Vehicles Act in relation to a traffic incident while under the influence of alcohol causing property damage. [Para 1]
Alteration in Offences and Satisfaction Court – Request for alteration of offences and satisfaction...
Criminal Law – Conviction under IPC and POCSO Act – Appeal against Conviction – The appellant challenged the conviction and sentence for offenses under Section 366 of IPC and Section 9(m) r/w 10 of POCSO Act. The trial court had found the appellant guilty of kidnapping and committing sexual assault on a minor. [Para 1, 4]
Credibility of Child Witness – Assessme...
Application for Quashing FIR and Proceedings – Involving Mega Grain Trading Pvt. Ltd. – FIR for offenses under Sections 406, 420, and 114 of IPC – Request to quash based on amicable settlement between parties. [Para 4, 5, 6, 11]
Amicable Settlement and Affidavit by Complainant – Parties reached a mutual settlement during the pendency of proceedings – Original compl...
acquitted the appellants - reversing the trial court's conviction under Sections 498-A, 306, 34 of the Indian Penal Code (IPC). The appellants were charged with cruelty and abetment to suicide concerning the death of Shobhabai. The key evidence Criminal Law – Abetment of Suicide and Cruelty – Acquittal on Appeal – included two dying declarations and oral testimonies of ...
Bail Application Dismissal – Dablu Kujur's appeal against the High Court's rejection of his bail application – Offences under Sections 302, 120-B/34 of IPC and Section 25(1-B) A/26/27/35 of the Arms Act – Bail denied due to the trial being at an advanced stage with the majority of witnesses examined [Paras 2-4].
Criminal Procedure – Police Report Compli...
Labour Law – Regularization of Contract Labour – issue of regularizing contract workers who were engaged in permanent and perennial work at Mahanadi Coalfields Ltd. The court examined the nature of work performed by these workers and the validity of their claim for regularization in light of the National Coal Wage Agreement-IV and the Industrial Disputes Act, 1947. [Para 2-6, 14-16]
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Criminal Procedure – Abuse of Process – Quashing of FIR – The Supreme Court overturned the decision of the Karnataka High Court, quashing the FIR against the appellants in a dispute initially labeled as criminal but essentially of a civil nature. The court emphasized the importance of distinguishing between criminal intent and mere breach of contract. [Para 2, 4, 8]
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Family Law and Maintenance – Section 125 Cr.P.C. - Revision of Maintenance Award – revision petition against an order of maintenance awarded under Section 125 of Cr.P.C., focusing on the allegation of the petitioner living in adultery and its effect on the entitlement to maintenance. [Para 1, 16-17, 20]
Adultery and Maintenance Entitlement – Examined – Held tha...