Criminal Law – Section 306 IPC – Quashing of FIR – Allegations of abetment to suicide against the appellant who was in a relationship with the deceased and allegedly refused to marry her – FIR filed by deceased’s mother alleged mental and physical exploitation and instigation by the appellant – Supplementary statement introduced additional claims not present in ...
Negotiable Instruments – Dishonour of Cheque – Complaint by Struck-off Company – Proceedings Quashed – Complaints under Section 138 of the NI Act filed in 2020 by Raghav Aditya Chits Pvt. Ltd. after the company had already been dissolved on 08.08.2018 under Section 248(5) of the Companies Act – Court held that once a company stands struck off and dissolved, it ceases ...
Criminal Law – Defamation – Cognizance Based on Complaint by Public Prosecutor – Section 222(2) BNSS – Scope and Applicability – Petitioner, an advocate-politician, republished a letter from an existing book containing comments on the Hon’ble Chief Minister's alleged personal relationships – Complaint filed by Public Prosecutor under Section 222(2) BNS...
Criminal Law – Outraging Modesty – Appeal Against Acquittal – Evidence Inconclusive – Accused allegedly assaulted and outraged modesty of woman by hugging and attempting to drag her into bushes – Sole testimony of PW.1 (prosecutrix) not corroborated – Independent eyewitness PW.3 turned hostile – Delay of 36 hours in filing complaint not satisfactorily expl...
Criminal Law – Quashing of FIR - Second FIR – Distinct Allegations – Petitioners sought quashing of FIR No. 230/2024 claiming it was a second FIR barred by the judgment in T.T. Antony – Earlier FIR No. 38/2021 pertained to inducement to invest in a business scheme – Present FIR concerned subsequent acts of forgery and fabrication of documents including use of fake not...
Writ of Habeas Corpus - Preventive Detention – Non-consideration of Representation – Violation of Article 22(5) – Detention confirmed under Section 9(f) of the PIT NDPS Act – Petitioner contended that representation dated 08.02.2025 was not considered independently by State Government – Court found no mention of such consideration in confirmation order (Annexure-B) or...
Criminal Law – Advocate–Client Privilege – Summoning of Advocates – Suo Motu proceedings arising from summons issued to an Advocate under Section 179 BNSS, for appearing as counsel for the accused – Advocate was summoned to disclose facts and circumstances of the case – Held: Such summoning without clear invocation of exceptions under Section 132 of the Bhartiya...
Matrimonial Law - Maintenance – Sections 125 and 128 CrPC - Recovery of Arrears – Attachment of PPF Account – Magistrate ordered attachment of Rs.19.17 lakhs from account allegedly held by petitioner’s mother – Petitioners contended the account was immune from attachment under Sections 3 and 9 of the Public Provident Fund Act – Court rejected claim and held that...
Criminal Procedure – PMLA – Stay of Proceedings – Predicate Offence Under Challenge – Trial May Proceed – Petitioner sought deferment of PMLA trial on ground that proceedings in predicate offence (NDPS FIR No.35/2015) remain stayed by Supreme Court – Petitioner had been initially summoned under Section 319 CrPC, which was set aside by Supreme Court – Later...
Senior Citizens’ Rights – Eviction from Self-Acquired Property – Peaceful Living and Dignity – Appeal by daughter-in-law against decree directing her eviction from in-laws' property – Respondents, aged parents-in-law, pleaded mental distress and toxic cohabitation due to acrimonious matrimonial dispute – Held: Senior citizens, as undisputed owners of self-ac...