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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Criminal Law – Quashing of Proceedings – Parity with Co-Accused – Petitioner (Accused No.14) absconded during trial – Co-accused (Accused Nos.1-13, 15-21) tried and acquitted on 30.08.2025 – Trial Court held prosecution failed to prove conspiracy, motive, presence and recovery – Independent witnesses turned hostile – No cogent, coherent or convincing evide...
Criminal Law – Dacoity with Murder – Section 396 IPC – Appellants convicted for committing dacoity at house of Pohap Singh during intervening night – One Summera died due to firearm injuries and nine persons sustained injuries – FIR promptly lodged naming five appellants and one Kunji along with six unknown persons – Trial Court convicted appellants – High...
Criminal Law – Murder – Conviction under Section 302/34 IPC – Appellant convicted for shooting wife returning from school – Allegation of dowry demand and prior threats – Trial Court disbelieved dowry motive and acquitted all co-accused on plea of alibi but convicted appellant – High Court found material contradictions in testimonies of P.W.1 and P.W.2 regarding...
Criminal Law - Quashing – Non-Bailable Warrants during Investigation – Scope of Magistrate’s Power – FIR under Sections 376, 420, 506 IPC – Petitioner arrested but escaped from police custody after allegedly attacking police party – Application moved for issuance of arrest warrants – Magistrate issued warrants and later non-bailable warrants – Held: ...
Penal Code, 1860 – S. 376 – Protection of Children from Sexual Offences Act, 2012 – Ss. 3, 4 – Rape of 8-year-old child – Medical opinion vs. Legal definition – The appellant was convicted for house trespass and rape of a minor – The defense contended that the medical officer (PW-9) opined only an "attempt" to have sexual intercourse was made, th...
Criminal Law – Appeal Against Acquittal – Victim’s Right to Appeal – Application under Section 378(4) Cr.P.C. seeking leave to appeal against acquittal in complaint case under Sections 323, 324, 341, 506, 148, 149, 34 and 120-B IPC – In view of Supreme Court judgment in M/s Celestium Financial vs. A. Gnanasekaran, holding that a victim has an unconditional statutory r...
Criminal Law – Quashing of Proceedings – Section 482 Cr.P.C. – Allegations under Sections 500/504/506/509 IPC – Complaint arising out of long-standing family land dispute – No specific date, time or particular words attributed in complaint – Ingredients of alleged offences not disclosed – Held: Where complaint taken at face value does not constitute essent...
Criminal Law – Murder – Circumstantial Evidence – Last Seen Theory – Appellants convicted under Section 302/34 IPC for strangulation of deceased Marshal – Prosecution case based on last seen evidence, recovery of belt and car, and FSL report – Material witnesses PW-1 and PW-2 turned hostile – PW-5 and PW-6 (traffic officials) saw deceased in injured condit...
Prevention of Money Laundering Act, 2002 – Quashing of Process – Nexus with Proceeds of Crime – Property purchased between 2005-2007 – Alleged proceeds of crime generated between December 2020 and February 2021 – No material showing connection between earlier acquisition and scheduled offence – Held: Existence of “proceeds of crime” is sine qua non f...