Criminal Law – Conviction under Sections 148 and 302/149 IPC upheld – Challenge in Supreme Court against the Allahabad High Court's decision maintaining trial court’s conviction of the appellant for murder and rioting – Court examined the evidence presented by the prosecution, including eyewitness accounts and medical evidence – The prosecution’s case was su...
Criminal Law – Conviction under Sections 304(i) and 334 IPC – Appeal filed challenging the trial court's conviction – High Court's scrutiny of evidence – The appellant, a mother, inflicted injuries on her two minor children, leading to the death of one child and injury to the other – The incident occurred at Marina Beach, Chennai, where the appellant attempted...
Evidence Law - Secondary Evidence - Quashing of Order - Petition to quash order dismissing application for leading secondary evidence - Original documents produced in preliminary stage untraceable due to office shifting - Held, petitioner genuinely unable to produce original documents - Permitted to adduce secondary evidence as per exceptions under Sections 65 and 66 of the Indian Evidence Act - P...
Criminal Procedure - Quashing of FIR - Offence under Section 188 IPC - Petition to quash FIR on grounds that police registered it without written complaint from public servant - Held, Section 195 CrPC requires written complaint from public servant to take cognizance of offences under Section 188 IPC - FIR registered by police without such complaint is void ab initio - FIR and subsequent proceeding...
Criminal Law - Conversion of Conviction - Appeal against conviction under Section 304 Part-I IPC - Incident arising from a tiff without prior motive - Held, occurrence was sudden, appellant was not armed, and weapon used was a professional instrument - No intention to cause murder - Conviction converted to Section 304 Part-II IPC and sentence reduced to period already undergone - Appeal partly all...
Criminal Law - Abetment of Suicide - Quashing of FIR - Petition to quash FIR under Sections 306, 34 IPC based on compromise - Deceased committed suicide allegedly due to threats from petitioners - Held, no mens rea or direct instigation by petitioners as per facts - Four-day gap between threat and suicide indicates no direct causation - FIR and proceedings quashed. [Paras 18, 23, 30]
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Urban Rent Law - Leave to Defend - Revision petition challenging dismissal of application for leave to defend by tenant - Petitioner did not raise grounds of building classification before Rent Controller - Held, parties cannot go beyond pleadings, especially in applications for leave to defend - Affidavit of tenant is the only relevant document at the stage of granting leave - Petition dismissed....
Criminal Law - Conviction and Sentencing - Identification Parade - Appeal against conviction under Section 302 IPC - Appellants argued lack of identification parade vitiated the trial - Held, identification in court by eyewitnesses, supported by corroborative evidence (weapon recovery, post-mortem report, FSL report) sufficient - No need for separate identification parade - Appeal dismissed. [Para...
Criminal Procedure - Cancellation of Bail - Fraudulent Compromise - Petition challenging cancellation of bail granted on compromise terms - Held, bail granted based on false assurances and non-fulfillment of compromise terms amounts to fraud - Cancellation of bail justified - Petition dismissed. [Paras 12-14]
Bail Conditions and Fraudulent Conduct - Analysis - Held, failure to comply ...
Juvenile Justice - Bail - Section 12 of the Juvenile Justice Act, 2015 - Revision petition against the denial of bail to juvenile under Section 12 - Held, bail is the rule and can only be denied under exceptions mentioned in Section 12 - No evidence of petitioner coming into association with criminals, or being exposed to moral, physical, or psychological danger - Petitioner a meritorious student ...