Anticipatory Bail – Economic Offence – Cheating in Commercial Transactions – Petitioner allegedly induced complainant to supply large quantity of basmati rice by offering higher than market rates and representing assured payment within 10–12 days – Part payment of Rs. 8 lakhs made to gain confidence – Subsequent non-payment and alleged threats – Multiple s...
Criminal Law – Murder – Section 302, Indian Penal Code, 1860 – Conviction Confirmed – Prosecution established motive, preparation, recovery of the dead body, and medical/scientific evidence forming a complete chain of circumstantial evidence against the accused for the murder of a 3.5-year-old child – The accused harbored hatred towards the child's mother and gran...
SC/ST (Prevention of Atrocities) Act – Section 3(1)(x) – Essential Ingredients – “Public View” – Conviction of appellant, a senior officer, for allegedly abusing subordinate belonging to Scheduled Caste by caste-based slurs – Complaint silent as to date, time and place of incident – No averment that alleged abuse occurred “within public view&rd...
Murder – Conviction – Benefit of Doubt – Appellant convicted under Section 302 IPC while two co-accused acquitted on same evidence – Prosecution case based on eye-witness testimony of related witnesses – Material contradictions in statements of PW-1 regarding visibility and assault – PW-1 admitted in cross-examination that due to darkness he could not see assaul...
Criminal Law – Assault on Minor – Injured Witness – Conviction under Section 324 IPC Affirmed – Appellants assaulted minor victim with iron rod causing bleeding head injuries – Injured victim’s testimony found cogent, natural and corroborated by medical evidence and eyewitnesses – Minor discrepancies as to time of incident held immaterial – Evidence ...
Criminal Law – Cheating – Business Transaction – Memorandum of Understanding – Petitioner induced de facto complainant to invest Rs.1,09,95,000/- for supply of computers to educational institutions promising 12% interest and 50% profit share – Amount transferred through bank – Petitioner failed to show actual purchase or supply of computers – Payment of ad...
Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Conviction of Partner – Acquittal of Firm – Trial Court acquitted A1 firm and A3 partner but convicted A2 partner – Magistrate proceeded on erroneous factual premise treating A1 as partner instead of firm – Non-application of mind regarding vicarious liability under Section 141 – Appell...
Criminal Law – Appeal against Acquittal – Murder during Communal Riots – Allegation that accused sprinkled kerosene and set deceased on fire near Idga Masjid during riots of 2002 – FIR lodged with delay of 11–12 days – Trial Court acquitted accused – Held: Prosecution failed to prove guilt beyond reasonable doubt – No perversity in acquittal – ...
Rent Control – Eviction for Non-Payment – Deposit of Arrears – Procedural Compliance Mandatory – Tenant’s application to deposit arrears after eviction order under third proviso to Section 14(2)(i) of H.P. Urban Rent Control Act was rejected – Court held “amount due” includes arrears of rent, interest, and costs – Deposit must be made within 30...
Execution Proceedings – Section 47 CPC – Scope and Limits – Objections raised by judgment-debtors questioning executability of decree – Held: Executing Court cannot go behind decree but can examine whether decree is a nullity, vague, or incapable of execution – Executability of decree itself falls within ambit of Section 47 CPC [Paras 52–55, 69–74].
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