Criminal Law – Murder, Attempt to Murder, Hurt, Robbery – Sections 302, 307, 324, 394 read with Section 34 IPC – Acquittal Restored – The appellants, along with others, were charged under Sections 148, 302, 307, 324, 394 IPC – The trial court acquitted them giving cogent reasons, doubting prosecution evidence and reliability of witnesses – The High Court reverse...
Criminal Law – TIP - Identification Evidence – Delay in Court Identification – Section 9 of Evidence Act – Conviction Upheld – Appellant convicted for terrorist attack resulting in multiple deaths and injuries – Main challenge was to reliability of in-court identification by PW37 and PW38 after a lapse of 7–8 years – No test identification parade hel...
NDPS – Conscious Possession – Sections 15, 35, 54, 50 NDPS; Section 313 CrPC – Conviction Affirmed; Appeal Dismissed – Accused apprehended while sitting atop gunny bags containing poppy husk; physical possession proved, triggering presumption of conscious possession under Sections 35 & 54—no rebuttal by accused – Section 50 inapplicable since no personal sea...
Right of Complainant – Hearing in Quashing Proceedings – Sections 173(2), 302 CrPC – Denial of Hearing Set Aside – The appellant sought to be heard in a petition filed by the accused for quashing proceedings initiated on his complaint – The High Court refused, holding the complainant has no right post-cognizance – Held: A complainant is not divested of locus aft...
Criminal Law – Rajasthan Sati (Prevention) Act – Offences Under Sections 5 and 6(3) Are Distinct – High Court’s View Overruled – Held: Section 5 penalises acts glorifying Sati per se; Section 6(3) penalises violation of prohibitory order issued under Sections 6(1) or 6(2) – Offences under both sections are separate in ingredients, scope, and object – Secti...
Criminal Revision – Discharge – BNSS Ss. 438 & 442 – PC Act S. 13(1)(c), (d) r/w 13(2) – IPC Ss. 409, 420, 120B – Refusal to Discharge Upheld – Allegation that Board-level approval enabled supply of limestone at ₹689.87/MT against an earlier ₹621/MT with inferior quality/quantity, causing loss to Malabar Cements Ltd – Held: On materials placed, a p...
Criminal Law – Quashing - Drugs and Cosmetics Act – Sale of Drugs Without Valid License – Petitioner (Accused No.2), a licensed drug distributor, alleged to have supplied allopathic drugs to Accused No.1, a non-registered practitioner running a clinic without drug license – Proceedings initiated under Sections 18(a)(vi) and 27(d) of the Act of 1940 – Court held that s...
Criminal Law – Bail - Right to Speedy Justice – Fundamental Right – Bail Granted Due to Delay – The appellant, convicted for murder and serving life sentence, had her appeal pending since 1997 without a hearing – High Court rejected bail on grounds of gravity – Supreme Court held that right to speedy justice is implicit under Article 21 and prolonged delay witho...
Service Law - Jurisprudence – Civil Post under Article 311 – Kurk Amins Appointed on Commission Basis – Held Government Servants – The appellants challenged High Court orders treating commission-based Kurk Amins, appointed for recovery of cooperative dues, as Government servants – High Court relied on control, supervision, appointment authority, and parity in duties w...
Land Acquisition – Section 5A Inquiry – Industrial Focal Point – Acquisition Upheld – Appellants alleged no personal hearing in Section 5A proceedings – Collector had considered objections and released about 6 acres, acquiring only 1.5 acres – This showed objections were evaluated – Absence of record of personal hearing did not vitiate acquisition – ...