Criminal Law – Quashment – Section 188 IPC – Section 3 of Epidemic Diseases Act – Proceedings Quashed – Prosecution initiated for alleged disobedience of Government Order dated 13.06.2020 under Section 188 IPC and Section 3 of the Epidemic Diseases Act – No valid order promulgated under the Act was in force on date of alleged offence – G.O.R.T.No.211 expir...
Dowry Death – Appeal Against Acquittal – Contradictions in prosecution evidence regarding post-marriage dowry payments – No specific proof of cruelty or harassment “soon before death” – Presumption under S.113-B Evidence Act not attracted – Two reasonable views possible – No perversity in evaluation of evidence – Acquittal upheld – Additi...
Criminal Law – Murder – Conviction Based Solely on Recovery – Appellant convicted under Section 302 IPC and Section 25 of Arms Act on basis of recovery of pistol and cartridges allegedly used in murder – Prosecution case unsupported by eyewitnesses – PW-1 (complainant) and PW-5 (alleged responder) turned hostile – No other material evidence connecting appellant ...
Criminal Law – Quashing - Cheating – Specific Performance Transaction – Dishonest Intention at Inception – Quash Rejected – Respondent No.3 alleged payment of ₹14 crores to petitioner for purchase of Jubilee Hills property based on representation that original owner would execute sale deed in her favour – Petitioner instead got property registered in name of h...
Cyber Fraud – Quashing on Basis of Compromise – Inherent Powers under S.528 BNSS – Held, offences involving cyber fraud cause systemic public detriment and cannot ordinarily be quashed on private settlements – Compromise driven by restitution cannot dilute gravity of digital-financial crimes – Case found to be cyber fraud simpliciter, not mere private pecuniary disput...
Criminal Law – Cross-Examination – Statutory Right – Accused facing charges under Sections 376(2)(n), 506 & 392 IPC – Opportunity to cross-examine PW-1 (prosecutrix) and PW-2 (her mother) closed by trial court on first day of their examination as defence counsel was unwell – Subsequent application under Section 311 CrPC for recall of witnesses also rejected &ndash...
Criminal Law – Murder of Mother by Husband and Son – Conviction Based on Dying Declaration – Deceased, suffering 100% burn injuries, made two consistent dying declarations before doctor and investigating officer accusing her husband and son – Declarations found voluntary, cogent, and free from inducement – Court held: No motive for deceased to falsely implicate close ...
Criminal Law – Revisional Powers – Cognizance Based on Additional Documents – Revisional court accepted additional documents not forming part of the police investigation while setting aside the Magistrate’s rejection of protest petition – Held: Revisional court exceeded its jurisdiction in relying on material outside the investigation record – Magistrate can con...
Sales Tax – Set-off – Interpretation of Rule 41D(3)(a) of Bombay Sales Tax Rules – Apportionment on Furnace Oil – Assessee claimed full set-off on purchase of furnace oil used in manufacture of goods, some of which were transferred to branches outside State – Tribunal applied pro-rata reduction of 6% under Rule 41D(3)(a) for such branch transfers – Revenue suppo...
Criminal Law – Circumstantial Evidence – Murder – Extra-judicial confessions unreliable – CDR/tower-location unproved – No last-seen – Motive absent – Investigation defective – Chain incomplete – Acquittal – Prosecution failed to establish circumstances forming a complete chain consistent only with guilt; conviction unsustainable; benefit...