Detention Order Validity - Detention under Section 3 of COFEPOSA Act following arrest due to possession of gold and foreign currencies - Detention order challenged by brother-in-law of detenue on grounds of improper service of detention grounds and denial of right to representation - High Court of Calcutta upheld the detention order. [Paras 2-5]
Detenue's Refusal to Receive Grounds - Detenu...
Defamation Trial – Petitioner, an acclaimed journalist and Managing Editor of 'Daily Ajit' and 'Ajit Samachar', facing defamation trial for 15 years – Dismissal of criminal revision petition by Sessions Court challenged – Petition filed under Section 482 CrPC for quashing summons in defamation case. [Para 1]
Publication of Alleged Defamatory News &nda...
Quashing of FIR – Abuse of Process of Law – The Supreme Court set aside the judgment of the Allahabad High Court and quashed the FIR registered against the appellant for offences under Sections 376 and 506 of the IPC. The apex court found that the allegations made in the FIR were baseless and constituted an abuse of the process of law, as the relationship between the appellant and the ...
Abduction and Attempted Murder – Neeraj Sharma and Ashwani Kumar Yadav convicted for abduction and attempted murder of Arjit Sharma (PW-6) - Incident involved choking the victim with a motorcycle clutch wire, setting him on fire, and robbing him - Victim sustained 45-48% burns leading to amputation of his right leg [Paras 2-3, 9-10].
Conviction and Sentence – Trial court c...
Murder and Concealment of Evidence – Conviction Affirmed by Supreme Court – Appellant Perumal Raja @ Perumal convicted for murder of Rajini @ Rajinikanth under Section 302 and Section 201 of the IPC – High Court's judgment affirming conviction upheld – Conviction based on circumstantial evidence including recovery of deceased’s body parts and belongings, and super...
Property Dispute – Suit for Declaration and Injunction – Dismissal of suit by Trial Court and First Appellate Court upheld; High Court's decision reversing their findings set aside – Plaintiffs failed to prove oral partition and will as per statutory requirements – Appeal allowed. [Paras 2, 3, 6-8, 12-15]
Evidence – Burden of Proof – Plaintiffs ...
Negotiable Instruments Act – Section 138 – Conviction and Sentence – Appellant and intervenor convicted under Section 138 of the Negotiable Instruments Act – Sentenced to ten months of simple imprisonment and directed to pay a total of Rs. 5 crores in three cases – Conviction and sentence affirmed by the Sessions Court and High Court [Paras 1-5, 7].
Bail and Suspen...
Separation of Powers – High Court’s Power to Direct Notification of Rules Proposed by Chief Justice – Inadequate power under Article 229 to frame rules for post-retiral benefits of former judges – High Court, acting on judicial side, cannot compel the executive to exercise rule-making power as directed. [Para 24-30]
Criminal Contempt – Inappropriateness of Initiati...
Criminal Appeal – Default Bail – Misapplication of Default Bail Provision by High Court – Supreme Court reverses the High Court's decision granting default bail to the respondent under Section 167(2) of CrPC – High Court's error in applying provisions of TADA instead of UAPA noted. [Paras 2, 4-5, 9, 14]
Unlawful Activities (Prevention) Act (UAPA) &ndash...
Criminal Appeal – Conviction under Section 304 part-II IPC and Section 34 IPC – Challenge against judgment and order of sentence by the appellants – Conviction based on preponderance of probabilities with witnesses turning hostile – Non-reconstruction of Trial Court Record (TCR) leading to inability to affirm conviction. [Paras 1-2, 10-11, 14-16]
Judicial Proce...