Criminal Law – Rape on False Promise of Marriage – Section 376 IPC – Appellant convicted by Trial Court for establishing physical relations with prosecutrix on assurance of marriage – Prosecutrix admitted consensual relationship – No allegation of forcible sexual intercourse – Held: Mere breach of promise, without proof that promise was false at inception, does ...
Criminal Law – Quashing - Forgery – Submission of Tampered Bank Statements – Applicant challenged summoning order under Section 466 IPC alleging lack of mens rea and wrongful gain – Court found material discrepancies between ICICI bank statement submitted before Maintenance Court and original statement obtained by police – Entries reflecting significant transactions w...
Service Law – Dismissal of Civil Defence Volunteers – Nature of Dismissal – Stigmatic vs. Simpliciter – Dismissals under Section 6(2) held to be stigmatic in substance – Petitioners dismissed from Civil Defence Corps without reasons or inquiry – Court finds dismissals cloaked as simpliciter but actually punitive due to non-joining of COVID-19 duty and alleged mi...
Criminal Law – Prevention of Corruption Act – Disproportionate Assets – Quashing of FIR – FIR registered against a public servant alleging possession of disproportionate assets under Section 13(1)(b) r/w Section 13(2) PC Act – Held: Though preliminary enquiry is not mandatory in every corruption case, registration of FIR without recording and disclosing credible sourc...
Criminal Law – NDPS Offence – Anticipatory Bail – Recovery from Vehicle – FIR registered after recovery of 421 grams of heroin from scooter allegedly abandoned at the scene – Scooter traced to petitioner, who claimed it had been taken by a friend without his knowledge – Representation made by petitioner’s father not found credible – No recovery effec...
Criminal Law – Quashing of FIR – Compromise – Rash and Negligent Act Causing Death – FIR registered under Sections 281, 125(a) and 106 BNS – Petitioner sought quashing on the basis of compromise with complainant – Held: Offence under Section 106 BNS is not private in nature but a crime against society – FIR cannot be quashed merely on the basis of compromi...
Criminal Law – Discharge – Forest Fire Incident – Trekking Tragedy – Appellant, a Forest Officer, arraigned for offences under Sections 304 (Part II), 326, 338 and 304A IPC for deaths and injuries caused to trekkers during Kurangani forest fire – Allegation that appellant permitted trekking and received trekking fees – Trial Court and High Court refused discharg...
Criminal Banking Law – Unauthorized Withdrawal of Court-Deposited Funds – Violation of Judicial Orders – Rule of Law Reaffirmed – Axis Bank challenged the Magistrate’s order directing it to refund the appropriated FD amount, arguing that DRT had allowed temporary appropriation of loan-related proceeds – Held: Orders dated 07.07.2012 and 03.06.2013 of the Trial C...
Default Bail – NDPS Act – Section 36A(4) – Extension of Investigation Period – Petitioner arrested on 15.05.2025 – Statutory period of 180 days expired on 11.11.2025 – Special Court granted extension of 120 days on 31.10.2025 on report of SPP – Accused neither produced physically nor virtually and no notice given at the time of consideration of extension &...
Criminal Law – Murder and Attempt to Murder – Conviction under Sections 302 and 307 IPC – Acquittal on Appeal – Appellant convicted by Trial Court for shooting deceased and injuring two others – High Court finds that prosecution failed to prove the case beyond reasonable doubt due to serious contradictions in ocular, medical and scientific evidence – Held: Convi...