Criminal Appeal – Homicide – Appellant convicted for murder under Section 302 IPC – Evidence of homicide established – Altered to culpable homicide not amounting to murder under Section 304 Part-II IPC due to sudden and grave provocation – Sentence reduced to time already served. [Paras 6, 8-12]
Criminal Appeal – Conviction under Section 302 IPC &nd...
Cheque Dishonour – Section 138 of the Negotiable Instruments Act – Reversal of conviction by the appellate court challenged – Trial court convicted the accused for dishonour of cheque amounting to ₹1,75,000; Appellate court acquitted the accused – High Court finds misappreciation of evidence by appellate court, reinstates trial court's conviction. [Para 1, 18-42]
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Bail Application – NDPS Act Violation – Petitioner seeks bail under Section 439 CrPC for violations of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) as per FIR mentioned. The petitioner has been incarcerated for over three years and contends that further pre-trial incarceration would cause irreversible injustice to her and her family. [Para 1, 3]
Cri...
Appeal Maintainability – The appeal, filed under Section 5 of the Kerala High Court Act, 1958, challenges the judgment of a learned single Judge who refused to quash proceedings in C.C. No.290/2022 on jurisdictional grounds, argued through a writ petition under Article 226 of the Constitution of India read with Section 482 of the CrPC. The Bench examined the maintainability of the appeal bas...
Interim Bail – Medical Grounds - Petitioner, a 73-year-old individual under judicial custody since 10.09.2023, seeks interim bail for medical examinations and treatment due to deteriorating health conditions including Diabetes Mellitus and Hypertrophic Obstructive Cardiomyopathy. Petitioner emphasized undertaking necessary medical tests and treatment under the supervision of his personal phy...
Contempt of Court - Serious allegations of misconduct against a judge, government officials, and institutions - Frivolous and vexatious litigation - Judgment dismissing the writ petitions and imposing costs - Contemnor's vilification of the court, government authorities, and the judiciary - Contempt proceedings initiated. [Para 1-5]
Abuse of Legal Process - Frivolous Litigation - ...
Bail Application – Narcotic Drugs and Psychotropic Substances Act, 1985 – Seizure of contraband tablets from parcels sent by the applicant – Challenging the seizure and alleging fabrication of secret information – Discrepancies in weight mentioned in invoices and seizure – Doubts raised regarding applicant's presence during the raid – Phone records and emplo...
Criminal Proceedings – Quashing of proceedings and order taking cognizance – Petitioners seeking to quash the criminal proceedings including the cognizance order dated 14.06.2013 in connection with a complaint case alleging torture – Petitioners are the complainant's relatives residing in a different city from the alleged place of occurrence – Evidence suggesting allega...
Conversion of Sentences - Offences under IPC Sections 376 and 306 - Applicant seeks conversion of consecutive sentences to concurrent - Oral application made by appellant - Consideration of oral prayers allowed as no formal application required by Code - Arguments presented by appellant's counsel - Contention that suicide and rape offenses are part of the same transaction - Relying on preceden...
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Incomplete Challan – Statutory Bail – Three petitions involving common question of law under NDPS Act – Seizure of Tramadol and Codeine, constituting commercial quantity – Incomplete challan due to absence of FSL report – Right to seek statutory bail after 180 days of arrest without complete chall...