Juvenile Justice – Relevant Date for Determination of Age – Juvenile Justice Act, 1986 – Date of Offence Held Relevant – Conflict between Umesh Chandra (three-judge bench) and Arnit Das (two-judge bench) resolved – Held: Correct law is that relevant date for reckoning age is date of commission of offence, not date of production before court – Liberal and purposi...
Criminal Law - Dishonour of Cheque – Successive Presentations – Section 138, NI Act – Fresh Right but Not Fresh Cause of Action – A payee may successively present a cheque during its validity period, and each dishonour gives a fresh right to present again – However, once a notice of demand under Section 138(b) is issued and served, and drawer fails to pay within 15 da...
Criminal Law – Murder - Circumstantial Evidence – Acquittal – Appellant convicted for matricide under Section 302 IPC and sentenced to life imprisonment – High Court upheld conviction based on chain of circumstantial evidence including medical evidence, alleged recovery, and motive – Supreme Court finds serious doubts about whether death was homicidal – Medical ...
Criminal Law – Murder – Reversal of Acquittal – Identity of Accused Not Proved – Ocular testimony of independent house-owner witness (PW-7) established assault by three unknown persons inside her house but she could not identify the assailants – No test identification parade – Prosecution relied on PW-1 and PW-2 as eyewitnesses but their presence held doubtful; ...
Criminal Law – PMLA – Quashing at Pre-Trial Stage – Alternate Remedy – ECIR did not name appellants and CBI dropped them in supplementary report – ED complaint rests on alleged withdrawal of attached sums (post-PAO) linked to an identified quantum ₹33,80,87,617/- claimed as proceeds of crime – Held: With statutory appeals under Section 26 PMLA pending and PMLA...
Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Section 302 read with Section 149 IPC for forming an unlawful assembly and committing murder of two persons – Trial Court convicted 21 accused and sentenced them to life imprisonment – High Court affirmed conviction of 11 and acquitted 7 by extending benefit of doubt – Supreme Court found ...
Compulsory Registration of Marriage – Public Interest and Legal Certainty – Marriage Registration Made Mandatory – Supreme Court took suo motu cognizance of the issue while hearing a transfer petition – Held: Registration of marriages is essential for legal proof, curbing child marriages, ensuring rights of women, and preventing denial of marriage – Directed all State...
Criminal Law – Murder by burning – Dying declarations – Sections 302, 498A IPC; Section 32 Evidence Act – Appeal partly allowed – Husband’s conviction under Section 302/34 IPC upheld; mother-in-law given benefit of doubt owing to inconsistency between two dying declarations; conviction of both under Section 498A IPC affirmed – First declaration (to doctor)...
Constitution of India – Article 226 – Protection of Life and Liberty – Petitioner, a practicing advocate, sought police protection alleging threats from his former clients (respondents No.5 and 6) over refund of professional fees – Court directed SSP Mohali and SSP Chandigarh to examine representations dated 02.06.2025 and 23.07.2025 and to take necessary action to ensure p...
Criminal Procedure Code – Section 482 – Quashing of FIR – Lack of Jurisdiction – Petitioners sought quashing of FIR No.56 dated 18.04.2021 registered under Sections 420, 120-B IPC, Section 7 of the Essential Commodities Act, 1955 and Section 27 of the Drugs and Cosmetics Act, 1940, alleging illegal sale of Remdesivir injections during Covid-19 pandemic – Police conduc...