Criminal Law – Dowry Death – Presumption under Section 113A and 304B IPC – Suicide within 7 Years of Marriage – No Proof of Cruelty or Dowry Demand – Presumption Not Attracted – Deceased committed suicide by consuming Celphos poison within 7 years of marriage – No specific, consistent, or credible evidence of cruelty or dowry demand – Presumption und...
Criminal Law – Anticipatory Bail – Forgery and Fraud – The High Court considered an anticipatory bail application by an accused (accused No. 3) in a case involving alleged forgery of documents, fraudulent land transactions, and tampering with revenue records (7/12 extracts) related to ancestral land. The transactions in question dated back to 2003-2011, while the FIR was lodged i...
Criminal Law – Dowry Death – Cancellation of Bail – Respondent No. 1 (husband) accused of poisoning wife within four months of marriage after dowry harassment – Post-mortem showed ante-mortem abrasion and FSL confirmed aluminium phosphide poisoning – Dying declaration made to family members disclosed forcible administration of toxic substance – Held: High Court ...
Negotiable Instruments – Jurisdiction – Territorial jurisdiction under Section 142(2)(a) NI Act – Complaint under Section 138 is triable only in court where payee maintains the account – Explanation to Section 142(2)(a) creates legal fiction deeming cheque delivered at any branch as delivered at home branch – Held: Jurisdiction cannot be fixed at the place of cheque d...
PCPNDT Act – Cognizance only on complaint by “Appropriate Authority” – FIR under Section 154 CrPC impermissible – Complaint filed by unauthorised officer invalid – FIR and complaint quashed [Paras 9–19, 27–31].
PCPNDT Act – FIR Under Section 154 CrPC – Not Permissible – Court held that offences under PCPNDT Act are cogn...
Criminal Law – Bail – Cancellation and Modification – Judicial Discipline – Finality of Orders – Appellant (accused in a murder case) sought modification of condition restricting him to city limits of Kolkata – Co-applicant sought cancellation of his bail alleging intimidation of witnesses and political interference – Court held that no breach of bail term...
Criminal Law – Prevention of Corruption – Bribe Demand and Acceptance – Accused public servant allegedly demanded ₹1500 from complainant to release subsidy amount of ₹3000 – Trap conducted by ACB – Accused caught with tainted currency – However, Demand Draft for subsidy not found tainted – Evidence showed that DD was handed over before any contact with...
Anticipatory Bail – SC/ST Act – Matrimonial Dispute – Accused sought pre-arrest bail in a case involving alleged caste-based verbal abuse and assault of wife by husband and co-accused – Complainant had protection order under Domestic Violence Act – No prima facie material found to indicate grievous injury or fracture – Allegations under SC/ST Act held to be vagu...
Prevention of Corruption Act – Demand and Acceptance – Trap Case – Acquittal Upheld – Accused government servant alleged to have demanded ₹2000 as bribe for effecting mutation entry – Complainant approached ACB, trap laid, and accused caught with tainted money – Trial court acquitted the accused on ground that demand was not proved – Held: Mere inquiry &...
Criminal Law – Murder – Acquittal – Appellants convicted for murder and other offences based on evidence of injured witnesses (P.W.1, P.W.2) and others – Trial Court sentenced A1 under Section 302 IPC and A3 to A5 under 302 r/w 149 IPC – On appeal, High Court found inconsistencies in time of occurrence, contradictions in medical and eyewitness testimonies, and suppres...