Digi - Legal Insights
CRIMINAL LAW
Details
Circumstantial
evidence-Where prosecution failed to establish complete chain linking accused
to murder and recovery evidence was weak and uncorroborated, conviction under
Sections 302 and 397 IPC set aside.
CRIMINAL LAW
Details
Exception 4 to Section
300 IPC not attracted where accused deliberately set wife ablaze in presence of
sons; conviction under Section 302 IPC upheld based on eyewitness and dying
declarations.
CRIMINAL LAW
Details
Judgment of conviction passed by Trial Court stands restored, as prosecution proved its case beyond reasonable doubt.
CRIMINAL LAW
Details
Quashing of FIR-FIR
quashed where valid civil transaction lacked fraudulent intent and mere deficit
in court fee did not attract forgery or cheating under IPC.
CRIMINAL LAW
Details
Both Trial Court and High Court made errors in convicting accused 1 due to a misreading of evidence, leading to conclusion that accused 1 is acquitted of all charges and must be released if not involved in other cases.
CRIMINAL LAW
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Recalling of witness-Application
under Section 311 CrPC allowed to facilitate fair cross-examination; earlier
rejection set aside subject to cost of 25,000.
CRIMINAL LAW
Details
Acceptance of C Summary
Report without judicial application of mind and solely on informants no
objection is improper; matter remanded for fresh consideration.
CRIMINAL LAW
Details
Impugned order of conviction set aside and accused were acquitted, as chain of circumstantial evidence needed for conviction was not established, leading the Court to conclude there was reasonable doubt.
CRIMINAL LAW
Details
Bail will remain in effect pending trial, contingent on compliance with outlined conditions, with potential cancellation for any breaches hence, impugned judgment revoking orders granting bail stands set aside.
CRIMINAL LAW
Details
FIR and consequential charge sheet, pending before trial Court, are quashed, as essential elements of cheating and forgery are not clearly established.
CRIMINAL LAW
Details
Improper conviction
under BNSS-Conviction under Section 385 of BNSS set aside where Judge failed to
refer matter to jurisdictional Magistrate and remand handling was procedurally
irregular.
CRIMINAL LAW
Details
Discrepancy creates ambiguity regarding amount, rendering notice invalid despite inclusion of cheque number hence, impugned order to quash notice was appropriate and lawful.
CRIMINAL LAW
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Rejection of delay
condonation without hearing suspension of sentence application violates
judicial procedure; order set aside.
CRIMINAL LAW
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Investigation of certain crimes will be transferred to Cyber Crime Police Station in Coimbatore, with materials and evidence to be examined by Investigating Officer in Crime No. 123/2024 and process will advance quickly.
CRIMINAL LAW
Details
Habeas corpus-Writ for
release rejected where petitioners were in custody under valid remand orders
and had legal representation, despite initial delay in production before
Magistrate.
CRIMINAL LAW
Details
Conviction under
Section 302 IPC upheld where chain of circumstances, including accuseds conduct
and disappearance, established guilt beyond reasonable doubt.
CRIMINAL LAW
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Once S.B. Criminal Writ Petition No. 2244 of 2024 was dismissed, subsequent petition could not be entertained as it merely altered the label while maintaining the same substance.
CRIMINAL LAW
Details
FIR quashed where
allegations, though well-drafted, were found to be malicious and instituted
with ulterior motives; ingredients of offence under Sections 415 and 420 IPC
not made out even if FIR taken at face value.
CRIMINAL LAW
Details
Discharge application
rejected where prima facie material showed public servant demanded and accepted
gratification; sufficient evidence exists to frame charge under Sections 7,
13(1)(d), 13(2) of Prevention of Corruption Act.
CRIMINAL LAW
Details
Acquittal under
Prevention of Corruption Act upheld where prosecution failed to prove demand
and acceptance of bribe through consistent and independent evidence.