Negotiable Instruments Act – Dishonour of Cheque – Complaint Against Trustee Without Trust as Party – Maintainability – Sections 138, 141, NI Act – Question whether complaint under NI Act is maintainable against the Chairman/Trustee of a Trust without arraying the Trust as an accused – Held: A Trust is not a juristic person capable of suing or being su...
Juvenile Justice – Claim of Juvenility – Retrospective Application – Section 7-A JJ Act, 2000 – Petitioner convicted for murder committed in 1981 when he was aged 12 years and 5 months – Sessions Court had extended benefit under the Children’s Act, 1960 and sent him to a children’s home – His conviction restored by Supreme Court in 2009 after High Co...
Application for regular bail in a case involving grievous assaults stemming from prior enmity and extortion demands – alleged repeated attacks on complainant and his nephew, including within hospital premises – petitioner identified as principal assailant with multiple past criminal involvements.
Criminal Procedure – Dismissal of Complaint – Lack of Prima Facie Case – Trial court dismissed complaint under Section 203 CrPC for want of cogent evidence – Revisionist alleged assault and snatching of mangalsutra at gunpoint by opposite party No. 2 – However, other witnesses did not corroborate her statement – Medical report showed only simple injuries –...
Negotiable Instruments Act, 1881 – Section 141 – Vicarious Liability – Complaint Requirements – Held: It is necessary to specifically aver in a complaint that the accused, at the time of the offence, was in charge of and responsible for the conduct of the business of the company – Mere designation as a Director is not sufficient to make one liable – Managing Dir...
Criminal Procedure – Section 311 Cr.P.C. – Power to Recall Witness – Investigating Officer – Application for recalling PW-12, Inspector Subhash Singh, rejected by trial court – Witness had investigated the case and received crucial electronic evidence (CD and pendrive) from deceased witness Sanjay (Ex-Sarpanch) – Held: Trial Court erred in dismissing application...
Criminal Law – Murder – Circumstantial Evidence – Failure of Prosecution to Establish Complete Chain – Appellant convicted for murder of his adoptive parents (D-1 and D-2) – Prosecution case based entirely on circumstantial evidence – No eyewitness – Trial Court convicted relying on appellant’s presence in the house, alleged motive to inherit propert...
Dowry Death – Section 304B IPC – Husband’s Liability Upheld – Deceased Found Hanging in Matrimonial Home – Appeal Dismissed – The appellant, Raja Lal Singh, was the husband of the deceased who died within seven months of marriage due to hanging – Evidence showed repeated dowry harassment including shortly before her death – Held: Ingredients of Secti...
Cheque Dishonour – Vicarious Liability of Directors – Sections 138 and 141 of the Negotiable Instruments Act – Criminal Proceedings Quashed – Appellant filed complaint against company directors alleging cheque dishonour – Supreme Court held that mere designation as directors is insufficient – In absence of specific averments that respondents were in charge of an...
Murder – Eyewitness Testimony – Credibility of Sole Witness – Conviction Upheld – Sarabjit Singh, grandson of one of the deceased, was the sole eyewitness – Though some discrepancies existed in his statement regarding dying declarations, Supreme Court held his testimony regarding witnessing the attack and presence of accused was credible and reliable – Minor con...