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In-depth analysis of landmark cases
The J&K High Court upheld the rape conviction of two appellants relying on a speech-impaired minor's testimony, ruling that non-compliance with Section 119 Evidence Act's videography requirement is not fatal absent prejudice to the accused. The third appellant was acquitted based on the victim's exculpatory statement.
The Uttarakhand High Court ruled that the 20% deposit under Section 148 NI Act is a statutory floor that appellate courts cannot reduce, holding that a Sessions Judge's reduction to 10% and subsequent bail cancellation for non-compliance with the unlawful condition was impermissible. This safeguards appellants from arbitrary deposit reductions and ensures bail conditions adhere strictly to the statutory mandate.
The J&K High Court held that a date discrepancy between a Section 19 PCA sanction order and the sanctioning authority's signature is a clerical error that does not invalidate prosecution at the pre-charge stage. Such irregularities must be examined at trial with reference to official records, preserving the sanction's validity absent substantive prejudice.
Himachal Pradesh HC upholds Rule 73-A(1)A(xi) restricting school transport vehicles to 15 years, rejecting ultra vires and arbitrariness challenges.
The Gujarat High Court dismissed the State's appeal against acquittal of a husband and in-laws under Section 306 IPC, ruling that persistent harassment over childlessness, without proof of active instigation coupled with mens rea, does not constitute abetment of suicide. The decision raises the evidentiary bar for prosecutions linking domestic cruelty to suicide.
Gujarat HC allows release of seized Eicher truck on interim custody pending trial, holding Section 98(2) Gujarat Prohibition Act not absolute embargo.
The Supreme Court upheld a husband's murder conviction in a dowry death case, ruling that his fabricated defence of epileptic seizure - contradicted by post-mortem evidence of throttling - completed the circumstantial chain under Section 106 Evidence Act and triggered the Section 113-B presumption. The decision reinforces that a false plea on facts within the accused's exclusive knowledge can supply the missing link in dowry death prosecutions.
The Supreme Court admitted an appeal by a UP Police constable candidate rejected by the departmental medical board for alleged squint, despite two independent expert opinions from GSVM Medical College and UHM District Hospital certifying normal vision. The ruling will clarify whether expert medical evidence from reputable institutions can override a departmental board's adverse finding in recruitment.
The High Court upheld the Section 6 POCSO conviction for kidnapping and sexual assault of a minor but held the 30-year simple imprisonment sentence statutorily impermissible and disproportionate. It reduced the sentence to 15 years rigorous imprisonment, factoring in the appellant's youth at the time of offence, clean record, and over 11 years already incarcerated.
The court ruled that Section 69-A of the Tamil Nadu Court Fees Act permits full fee refunds only when disputes are referred under Section 89 CPC, not for private out-of-court settlements after evidence has been recorded. Section 69 overrides Section 69-A once trial commences, denying refunds to plaintiffs who settle privately mid-trial. This clarifies the scope of fee refunds and impacts litigants opting for private compromise after evidence stage.
Meghalaya HC upholds suspension of MCA Honorary Secretary under POSH Act, validates Ombudsman de facto despite AGM appointment rule breach, quashes meetings held in violation of court orders.
CESTAT Kolkata held that imposing penalties under Sections 114(i) and 114AA requires proof of the exporter's knowledge or active abetment; mere negligence or irresponsible conduct in verifying shipping bills is insufficient. The ruling shields exporters from penal liability absent mens rea, clarifying that procedural lapses do not equate to complicity in smuggling.
State Consumer Commission sets aside District Commission order awarding IDV for total loss where repair estimate submitted 2.5 years post-accident lacked workshop seal and authorized signatory, and insurer had issued document demand letter.
CESTAT Chennai holds Circular 36/2010 cannot override Section 149 Customs Act; unchallenged conversion order binds revenue at drawback sanction stage.
Chhattisgarh High Court dismisses writ petition challenging Rent Control Tribunal's refusal to condone delay in filing appeal, holding apprehension of arrest does not constitute sufficient cause under Section 5 Limitation Act when party had ample opportunity to participate.