(1)
VADLAKONDA LENIN Vs.
RESPONDENT: STATE OF ANDHRA PRADESH D.D
22/11/2012
Criminal Law – Circumstantial Evidence – Conviction for murder under Section 302 IPC – Absence of direct evidence – Conviction based on consistent circumstantial evidence proving beyond reasonable doubt – Demands for dowry and ill-treatment established – Accused's unnatural behavior post-incident – Principles of circumstantial evidence reviewed and applied [Paras 10-15].Dowry De...
(2)
VASANTI BHAT Vs.
RESPONDENT: PREMLATA A. AGARWAL AND ANOTHER ETC. D.D
22/11/2012
Specific Relief – Agreement for Sale – Discretionary relief under Specific Relief Act – Appellant's agreement for sale of flat and possession letter – Trial Court's orders in favor of appellant set aside by High Court – High Court's adverse comments on appellant's conduct deemed unwarranted – Case remanded for decision on merits without influence of prior observatio...
(3)
RAKESH KAPOOR Vs.
RESPONDENT: STATE OF HIMACHAL PRADESH D.D
22/11/2012
Criminal Law – Corruption – Conviction under Section 13(2) of the Prevention of Corruption Act, 1988 – Conviction under Section 7 of the Act set aside – High Court maintained conviction under Section 13(2) – Section 13(2) provides punishment for criminal misconduct – Conviction under Section 13(1)(a) required for Section 13(2) – In the absence of conviction under Section 7 or Section...
(4)
SURESH AND OTHERS Vs.
RESPONDENT: STATE OF MADHYA PRADESH D.D
22/11/2012
Narcotic Drugs and Psychotropic Substances Act – Section 50 – Search and Seizure – Appellants not apprised of their right to be searched before a Gazetted officer or Magistrate – Only consent for search was sought – Violation of mandatory requirement under Section 50 – Conviction and sentence based on such search vitiated [Paras 5-11].Evidence – Right to Inform – Requirement to inf...
(5)
INDRA KUMAR PATODIA AND ANOTHER Vs.
RESPONDENT: RELIANCE INDUSTRIES LTD. AND OTHERS D.D
22/11/2012
Negotiable Instruments – Dishonour of Cheque – Complaint without Signature – Maintainability of complaint under Section 138 of the NI Act without the complainant's signature – Complaint verified by complainant and process issued by Magistrate – Requirements of Section 142(a) met as long as complaint is in writing – Signature not a necessary condition – Verified complaint safegua...
(6)
SATISH MEHRA Vs.
RESPONDENT: STATE OF N.C.T. OF DELHI AND ANOTHER D.D
22/11/2012
Criminal Procedure – Quashing of Charges – Section 482 CrPC – Power to quash proceedings after framing of charges is somewhat wider as materials revealed by investigation come on record – Such materials can be looked into not for determining guilt or innocence but for satisfaction that they do not disclose the commission of an offense alleged [Paras 15-16].Forgery and Fraud – Prima Facie...
(7)
R.K. ANAND Vs.
RESPONDENT: REGISTRAR DELHI HIGH COURT D.D
21/11/2012
Contempt of Court – Advocate's Conduct – Appellant guilty of suborning a court witness in a criminal trial – No remorse shown – Action struck at roots of criminal justice administration – Normally warrants imprisonment – Consideration of contemnor's age, health of his wife, and prolonged proceedings – Undertaking by contemnor to perform pro bono services and monetary donati...
(8)
GURMAIL SINGH Vs.
RESPONDENT: STATE OF PUNJAB AND ANOTHER D.D
21/11/2012
Criminal Law – Unlawful Assembly – Section 149 IPC – Conviction of appellants for offenses under Section 302 IPC read with Section 149 IPC – High Court upheld the conviction, reversing the Trial Court's view on the applicability of Section 149 – Assembly of accused with a common object to commit murder established – Motive and antecedent circumstances considered [Paras 52-71].Moti...
(9)
SURINDER KUMAR Vs.
RESPONDENT: STATE OF PUNJAB D.D
21/11/2012
Criminal Law – Dying Declaration – Conviction under Section 304B and 498A IPC – Deceased made a dying declaration blaming the appellant for dowry demands and driving her to suicide – Statement recorded by police in presence of doctors – Deceased conscious and fit to make statement despite 90% burns – Dying declaration detailed and consistent with surrounding facts – Accepted as volun...