Juvenile Justice – Bail Application –Criminal Revision against the order rejecting bail by Principal Magistrate, Juvenile Justice Board – Petitioner a juvenile accused under Sections 148, 149, 302, 120-B IPC and Sections 25(1B)(a), 27(1) Arms Act – Revision allowed – Gravity of the offense is not a criterion to reject bail for a juvenile – Impugned order passed ...
Criminal Procedure – Regular Bail – Section 439 Cr.P.C. – FIR under Sections 363, 366-A IPC – Sections 376, 506, 120-B IPC and Section 4 POCSO added later – Petitioner a middle-aged lady, mother of the accused – In custody over 15 months – Not accused of sexual assault – Culpability to be determined at trial – Bail granted due to low likelihood...
Criminal Law – NDPS Act – Bail – Conscious Possession – Recovery of narcotics from a polythene bag thrown on the ground by the petitioner when the police approached – Bail granted – Court found it debatable whether the petitioner was in conscious possession of the contraband – The petitioner was not involved in any other case, and all prosecution witnesses...
Criminal Procedure – Testimony of Accused – Petition under Section 315 Cr.P.C. seeking permission for the accused to testify as a witness and present electronic evidence in defense – Trial court dismissed the petitions on grounds of irrelevance and non-production of evidence prior to the accused’s testimony – High Court held that denying the accused the opportunity to...
Criminal Procedure - Maintenance - Section 125 CrPC - Petition challenging maintenance granted to wife after 13 years of compromise and lump sum alimony - Held, petition under Section 125 CrPC justified to maintain wife and daughter for a respectable life - Filing of maintenance petition not misuse of process of law - Petition dismissed. [Para 14]
Financial Condition and Employment - ...
Criminal Procedure - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Amendment and Cognizance - Petition against the summoning order issued by Chief Judicial Magistrate under Section 3(1)(x) of the Act - Held, the amendment to the Act effective from 26.01.2016 confers additional powers to the Special Court to take cognizance directly - Pre-amendment provisions applicable to ...
Criminal Law – Plantations Labour Act Violations – Cognizance of Complaint – Complaint filed against directors and managers of The Bombay Burmah Trading Corporation Limited for non-compliance with provisions under the Plantations Labour Act and Tamil Nadu Plantation Labour Rules regarding the maintenance of labour quarters, provision of potable water, and sanitation. The petition...
Criminal Procedure - Summoning Additional Accused - Section 319 Cr.P.C. - Summoning based on witness deposition - Petitioners implicated by eyewitness in murder case - Inquiry report not based on independent witness statements - Held, Section 319 empowers court to summon additional accused if evidence suggests their involvement - Specific role attributed to petitioners in witness deposition - Inqu...
Negotiable Instruments Act - Premature Complaint - Section 138, Proviso Clause (c) & Section 142(b) - Complaint filed 12 days after notice - Mandatory 15 days not expired - Complaint not maintainable being premature - Appeal dismissed. [Para 12]
Dishonour of Cheque - Rebuttal of Presumption under Section 139 - Acquittal - Testimony of attesting witness and expert report confirmed ...
Criminal Law – Juvenile Justice – Regular Bail Petition – Section 439 Cr.P.C. – Section 6 of POCSO Act, 2012 – Section 12 of Juvenile Justice Act, 2000 – Juvenile petitioner ordered to be tried as an adult. Court held that under Section 12 of the Juvenile Justice Act, a juvenile in conflict with law is entitled to bail irrespective of the nature or gravity of th...