Digi - Legal Insights

Appellants conviction and sentences for Sections 376(2)(f) and 377 are set aside due to reasonable doubt, while conviction and sentence for Section 363 are affirmed.

As managing director of a company would be ineligible for being appointed as an arbitrator in view of Section 12(5) read with paragraph 5 in Fifth Schedule to Act, he would be ineligible to nominate a sole arbitrator.

Order of conviction under Section 302 of IPC is maintained, however, sentencing part is modified.

Incident is considered to have occurred suddenly, without premeditation hence, accused is convicted and sentenced under Section 304 Part I of IPC for 10 years rigorous imprisonment and fine.

Order of conviction upheld, as prosecution was proven beyond reasonable doubt that accused has committed murder of deceased.

As prosecution has succeeded in establishing charge brought against Appellant, conviction and sentences of Appellant are affirmed.

Marriage between parties dissolved ordering decree of divorce, as both husband and wife agree not to interfere in each other's lives or businesses, avoiding harmful acts or connections with rivals.

Impugned judgment passed by Tribunal is modified directing Appellant-insurance company to pay enhanced compensation of Rs.1,82,000/- to claimants along with interest @ 8% per annum from date of registration of claim petition till its realization.

Order of reinstatement along with other benefits shall be in exclusion of 50% back-wages, as employee officiated in public office during period in question.

Income Tax - Time-barred reassessment - Notice under Section 148 and consequent order invalid when issued beyond limitation prescribed under Section 149; timelines are mandatory and cannot be diluted by procedural interpretation of Section 148A.

Quashing of FIR and chargesheet - Vague and unsubstantiated allegations without specific role attributed to accused do not disclose prima facie case; continuation of proceedings amounts to abuse of process.

Legally enforceable debt is a matter of defence and cannot be decided at preliminary stage - Magistrate erred in treating Section 143A as mandatory - Matter remanded for reconsideration.

Formal amendments to a complaint to cure clerical errors are permissible under NI Act proceedings if no prejudice is caused, and such discretion of the trial court should not be interfered with.

Criminal Procedure - Under BNSS, 2023, notices under Section 35 must be served physically as prescribed; electronic service is not permissible, unlike court-issued summons under Sections 63, 64, and 71 which may be served electronically.

Quashing of FIR - Peaceful rally or dharna, even if during Model Code of Conduct, does not attract offences under IPC Sections 290, 341, 171F or Police Act Section 34 when no public obstruction or wrongful restraint is made out, warranting quashing of proceedings.

Central Excise - Criminal prosecution for excise duty evasion can proceed independently of departmental adjudication, and setting aside of adjudication orders on procedural grounds does not bar such prosecution.

Murder - Conviction for murder cannot rest solely on uncorroborated and doubtful testimony of interested witnesses when key witnesses turn hostile and medical evidence raises reasonable doubt, entitling accused to benefit of doubt.

Quashing of proceedings - Criminal proceedings arising from a civil property dispute, filed belatedly without ingredients of cheating or forgery, amount to abuse of process and should be quashed.

Quashing of FIR  - FIR cannot be quashed merely for procedural lapses or being successive when investigation is complete and chargesheet filed, if allegations disclose cheating, conspiracy, and inducement.

Atrocities Act - In offences under the SC/ST Act, notice to the victim before granting bail is mandatory, and bail granted without such notice or proper reasoning is liable to be cancelled.