Service Law – Seniority – Promotees vs. Direct Recruits – Application of Catch-up Rule – Writ petition challenging final seniority list of Audit Officers – Petitioner (promoted under reserved category) placed below directly recruited Audit Officers – Held that direct recruits cannot be granted seniority retrospectively – Catch-up rule applies to senior gen...
Criminal Law – Conviction Appeal – FIR Delay – Appeal against conviction under Section 397 IPC – Incident on 23.04.1996 – FIR registered on 18.05.1996 – 25 days delay in FIR registration – Place of occurrence on busy road in thickly populated area – Complainant admitted lodging complaint on occurrence date, but no complaint exhibited – Prosecut...
Negotiable Instruments Act – Section 138 – Acquittal – Appeal – The appellant's appeal against the judgment of acquittal was based on a statement made by the respondent agreeing to pay the disputed amount. Held: Such a statement cannot be considered a confession as it might have been made under duress or for other reasons. The appellant failed to provide evidence of goo...
Criminal Law - Identification Parade - Rash and Negligent Driving - Acquittal - Benefit of Doubt-Test Identification Parade - Necessity in Criminal Cases – Criminal appeal challenging acquittal under Sections 337, 338, 427, and 304-A IPC – Held: In cases where the accused is not previously known to the witnesses, a test identification parade is necessary to strengthen the tru...
Criminal Procedure – Quashing of Kalendra – Initiation of Proceedings – Petition challenging the initiation of proceedings by SHO for offences under Section 211 IPC. Held: The initiation by SHO violates mandatory provisions of Sections 195 and 340 Cr.P.C., rendering the prosecution and consequent proceedings void. Presentation of Kalendra barred by limitation under Section 468 Cr...
Criminal Law – Conviction and Sentencing – Appellants challenged the conviction under Sections 307, 324, 34 RPC, and Section 4/25 Arms Act – Conviction under Section 307 RPC reduced from seven years to three years, other sentences upheld – Conviction under Section 4/25 Arms Act set aside due to lack of evidence regarding weapon dimensions – Appellants directed to surr...
Criminal Law – Kidnapping and Sexual Assault – Appellant convicted for kidnapping and sexually assaulting a minor girl – Conviction under Sections 363, 366 IPC and Section 4 of POCSO Act by the trial court – High Court partially upholds and partially overturns the conviction – Insufficient evidence for Section 4 of POCSO Act and Section 366 IPC – Conviction unde...
Criminal Law – Quashing – False Promise of Marriage and Consent under IPC – Case involving allegations against the accused of sexual intercourse based on false promise of marriage, leading to charges under sections 417, 376, and 313 of the IPC – Petitioner's argument for quashing the proceedings on the basis of the voluntary nature of the cohabitation and the absence of...
Criminal Law – Conviction under Section 302 read with Section 149, 148, and 147 IPC – Acquittal - Appeal against judgment by Additional Sessions Judge – Appellants convicted for murder and unlawful assembly, sentenced to life imprisonment – Appellants challenged conviction, claiming false implication and reliance on weak prosecution evidence – Dying declaration only m...
Criminal Law - Conviction - Murder - Circumstantial Evidence - Last Seen Theory - Admissibility of Confession
Conviction of Main Accused - Murder - Circumstantial Evidence – Criminal appeal against conviction under Sections 302 and 201 IPC – Held: The trial court rightly convicted Simarjit Singh @ Tinku for the murder of his wife based on circumstantial evidence, including his confe...