Criminal Law – Double Jeopardy – Section 300(1) CrPC – Article 20(2) of the Constitution – Petitioner previously tried and convicted by JMFC Vadodara for offences under Sections 419/420 IPC in relation to forged bank drafts – Subsequently charge-sheeted before Trial Court at Dhar for offences under Sections 420, 467, 468 and 120-B IPC in relation to the same bank draf...
NDPS – Bail – Section 37(1)(b), NDPS Act, 1985 – Constructive Possession – Petitioner was driving a private car (belonging to his father) from which contraband was recovered from a co-passenger – Only article seized from petitioner was a mobile phone – No contraband recovered from his person – None of the accused named the petitioner as involved – Pe...
Criminal Law – Section 319 CrPC – Summoning of Additional Accused – Appellant-complainant filed application under Section 319 CrPC for summoning Respondents 2–6 after recording of statement of PW-1 (Surender), an injured witness – Trial Court rejected the application relying on the DSP's report which accepted the plea of alibi of the proposed accused – High ...
NDPS Act – Bail – Disclosure Statement of Co-Accused – Inadmissibility – Petitioner not present at the spot of recovery and not named in the FIR – 520 grams of heroin recovered from co-accused Lovepreet Singh alias Love – Petitioner implicated solely on the basis of disclosure statements of co-accused made during police custody – No independent recovery of...
Bail – Sexual Offences – Prolonged Incarceration – Delay in Trial – Appellant in custody since 10.09.2023 charged under multiple provisions including Section 376 IPC and Sections 66 and 67A of the IT Act – High Court denied regular bail – Before Supreme Court, State's counter affidavit disclosed that only 2 out of 22 witnesses had been examined with no possi...
Income Tax – Prosecution – Section 276CC – Quashing of Proceedings – Lack of Jurisdiction – Petitioner assessed under jurisdiction of ITO, Non Corporate Ward 17(1), Chennai – Show Cause Notice issued by ITO – Petitioner replied, paid tax with interest – Complaint under Section 276CC lodged by Assistant Commissioner of Income Tax (respondent) after ob...
Matrimonial Law – Maintenance Pendente Lite – Section 24, Hindu Marriage Act, 1955 – Qualified Wife – Denial of Maintenance – Appellant-wife (M.D. Gynaecologist) filed application for maintenance under Section 24 during pendency of divorce petition filed by respondent-husband (Neurosurgeon) – Trial court dismissed her application under Section 24 on finding that...
Criminal Revision – Acceptance of Final Report – Defective Investigation – Petitioner (former MLA) lodged FIR alleging that accused persons forged his B.Com. certificates from Dibrugarh University to damage his reputation on the eve of Assembly Elections – Upon investigation, I.O. found discrepancies in mark sheet and submitted Final Report concluding case to be false; simu...
POCSO – Penetrative Sexual Assault – Section 6, POCSO Act and Section 377 IPC – Conviction Upheld – Accused/appellant lured victim (aged about 5 years) to his shop with chocolate and committed penetrative sexual assault – Trial court convicted and sentenced him to 20 years rigorous imprisonment under Section 377 IPC and Section 6 POCSO Act, with sentences running conc...
Criminal Law – FIR – Writ Jurisdiction – Exhaustion of Alternative Remedies – Article 226 – Complainant company, aggrieved by alleged forgery, impersonation and fraud in connection with a property measurement application, filed complaints before the Land Records Authority and thereafter directly invoked writ jurisdiction of the High Court seeking registration of FIR &...