Penal Code, 1860 — Ss. 302 and 201- circumstantial evidence
In this case, deceased was a taxi driver, who was strangulated to death by appellant-accused herein (original Accused 1) along with 4 co-accused, and after burying his dead body, they…
Penal Code, 1860 — Ss. 84, 86, 302 and 201 — When is Defence of insanity or mental incapacity available
The allegations against the appellant had been that on 03.05.2009, he took his two sons, aged about 9 years and 6 years, to Haiderpur Canal, strangulated them, and threw the…
Penal Code, 1860 — Ss. 405 and 406 — Criminal breach of trust: Meaning and ingredients of criminal breach of trust, explained
Held, Thus, criminal breach of trust would, inter alia, mean using or disposing of the property by a person who is entrusted with or otherwise has dominion. Such an act…
Income Tax Act, 1961 — Ss. 36(1)(v-a), 36(1)(iv), and 43-B r/w S. 2(24)(x)
Law clarified relating to necessity of Deposit on or before the due date of employees’ contribution in terms of the EPF Act/Scheme and ESI Act/Regulations, etc., for claiming deduction. Scheme…
Prevention of Corruption Act, 1988 — Ss. 7 to 13 — Quashment of FIR/investigation in PC Act/corruption cases
Principles clarified relating to approach to be adopted by the Court in FIR/investigation in PC Act/corruption cases. Held, to maintain probity in the system of governance as well as to…
Evidence Act, 1872 — Ss. 65-A and 65-B — Electronic evidence: Manner in which electronic evidence is to be proved, explained. Principles laid down in Anvar P.V., (2014) 10 SCC 473 as clarified in Arjun Panditrao Khotkar, (2020) 7 SCC 1, summarized.
Review petition re death sentence can be reheard even on procedural objections, including the mode and method of evidentiary proof, as the matter pertains to death sentence. “Normally in a…
Penal Code, 1860 — S. 302 r/w Ss. 149, 143, 147 and 504 — Sole related eyewitness
In this case, held, conviction of all the eight accused persons based on evidence of the sole related eyewitness, held, justified, particularly when there is no vagueness in his testimony…
Penal Code, 1860 — Ss. 302, 201 and 34 — Circumstantial evidence
“In the present case, we find neither the chain of circumstances to have been completely established nor the guilt of the accused alone, having committed the crime to be proven,…
Penal Code, 1860 — S. 302 — Circumstantial evidence in Murder trial —
In this case, the High Court found one link in chain of circumstances to be missing and not proved. In a case of circumstantial evidence, the chain has to be…
Penal Code, 1860 — Ss. 406, 420, 467, 468, 417 and 418 — Quashing of FIR — Dispute being essentially a civil dispute in nature
A breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction. noting that…