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...
Criminal Appeal – Bail – Appeal against rejection of regular bail – Accused-appellant not named in FIR relating to murder and terrorist offences under IPC, Arms Act and UAPA – Bail application rejected by Additional Sessions Judge – Appeal preferred before High Court [Paras 1-2].
Bail Jurisprudence – Role of Accused – Confessional Statement of...
Bail – Financial Fraud – International Transactions – Allegation of misappropriation of USD 1,25,000/- by petitioner while working as Finance and Admin Manager of informant company – FIR alleging opening of fraudulent company in Zambia, diversion of company funds, illegal withdrawals, and transfer of money to Indian bank accounts – Charge-sheet submitted and petitione...
Criminal Law – Double Jeopardy – Section 300 Cr.P.C. – Article 20(2) of Constitution – Petitioner sought quashing of trial at Karera, Madhya Pradesh on ground that he had already been tried and acquitted in a connected case by courts in Rajasthan – Held: Protection against double jeopardy applies only when second prosecution is for the same offence and by a court of c...
Criminal Law – Quashing of FIR - Prevention of Corruption Act, 1988 – Section 13(1)(d) – Allegation of Criminal Misconduct – Revenue officials alleged to have illegally compounded offences by collecting lesser amounts – Held: In absence of a prescribed minimum compounding fee during the relevant period, levy of a lesser amount by itself does not constitute criminal mi...
Negotiable Instruments Act, 1881 - Section 138 - Legally Enforceable Debt - Violation of Income Tax Act, 1961 - Section 269SS - Cash Transaction exceeding Rs. 20,000 - Effect on enforceability of debt - Presumption under Section 139 NI Act - Breach of Section 269SS does not render transaction unenforceable or rebut presumptions under NI Act - Penal provision only.
Negotiable Instruments Act, 18...
Criminal Law – Dowry Death – Section 304B IPC – Acquittal – Accused convicted under Sections 304B and 498A IPC by Trial Court – Conviction upheld by High Court – Deceased wife and infant child found dead in well – Alleged demand for gold ring and chain at ‘Chhoochhak’ ceremony held as insufficient to constitute a "dowry demand" under ...
Factual Background – Complaints were made by the petitioner under Sections 498A and 406 IPC against her husband and in-laws, alleging severe demands for dowry and subsequent physical and mental cruelty after her marriage in 1998 – The FIR was filed in December 2002 and charge-sheet filed in July 2004 – Magistrate took cognizance on the same day the charge-sheet was filed [Paras 2...
Criminal Law – Bail – Section 436-A CrPC – Applicability to Heinous Offences – High Court granted bail relying on Section 436-A – Held: Section 436-A explicitly excludes offences for which the punishment of death has been specified – The accused are charged under Section 302 IPC and Section 16 UAPA, which carry the death penalty – High Court erred in apply...
Maintenance – Section 125 Cr.P.C. – Interim Maintenance – Assessment of Income – Dependents – Voluntary Financial Obligations – Professional Qualification of Wife – Modification of Quantum.
Matrimonial Law – Interim Maintenance – Quantum Assessment – Deductions and Dependents – The petitioner-husband challenged the Family Court&#...