Anticipatory Bail – Suicide Inducement Allegations – Accused seeks anticipatory bail asserting no direct or indirect role in deceased’s suicide – Claims only demanded repayment of invested money – Court examines circumstances and legal principles governing anticipatory bail [Paras 1-3].
Judicial Discretion – Criteria for Bail – High Court considers abse...
Negotiable Instruments Act – Section 138 – Conviction and sentence for dishonoured cheque – Petitioner issued cheque for Rs. 3,00,000/- which was dishonoured – Trial Court convicted petitioner, sentenced to three months’ imprisonment, and ordered compensation of Rs. 4,05,000/- – Conviction upheld by Additional Sessions Judge – Petitioner deposited compensa...
Criminal Law – Circumstantial Evidence – Conviction Based on Last Seen Together and Recovery of Incriminating Articles – Acquittal Ordered – The prosecution relied on circumstantial evidence to convict the appellant for murder under Section 302 IPC and causing disappearance of evidence under Section 201 IPC – The court discussed the principles governing circumstantial...
Regular Bail – Delay in Lodging FIR – Custody Duration Considered – Bail Granted – The petitioner sought bail in a case registered four years ago, contending a 10-day delay in lodging the FIR and insufficient evidence linking him to grievous injuries under Section 308 IPC – The petitioner has already undergone seven months and 16 days in custody, and the investigation...
Service Law – Recruitment Process – Petition challenging recruitment and transfer process for Range Forest Officers – Petitioner ineligible based on service duration at notification time – Tribunal's dismissal upheld – High Court emphasizes strict adherence to eligibility criteria and procedural rules in recruitment [Paras 1-11].
Public Service Commission Rules...
Criminal Procedure – Second Application for Pardon – Section 306 Cr.P.C. – Maintainable with Changed Circumstances – The Court held that a second application for pardon under Section 306 of the Cr.P.C. is maintainable only when there are changed circumstances – Here, A1 alleged threats to his life as a fresh circumstance for seeking pardon – Held: Second applica...
Criminal Law – Successive Bail Application – Rejection of Bail Based on Lack of Change in Circumstances – The applicant sought bail under Section 439 of the Criminal Procedure Code, 1973, after the rejection of the earlier bail application by the High Court and its dismissal by the Supreme Court. The case involved charges under Sections 409, 420, 504, 506(2), and 120(B) of the In...
Criminal Law – Quashing - Section 138 of the NI Act - Vicarious Liability of Non-Signatory Directors – Liability Under Section 141 NI Act – Petition Dismissed – The petitioner, a company director, sought quashing of a summoning order under Section 138 NI Act, contending she had no role in financial transactions or issuance of the dishonored cheque. Held: Under Section...
Criminal Law – Abetment to Suicide and Extortion – Petitioners accused of lending money at exorbitant interest rates, coercing the deceased to execute land agreements, and subjecting him to constant threats – Deceased committed suicide by consuming poison – FIRs lodged by deceased's wife after his death – Court held that prima facie ingredients of the alleged offe...
Criminal Law – Murder – Dying Declarations – Conviction based on multiple dying declarations – Deceased consistently stated that appellant poured kerosene on her, set her on fire, and threw her from the stairs – Conviction upheld – Dying declarations found credible and trustworthy [Paras 1-45].
Evidence Law – Dying Declaration – Section 32(1...