#Appellate Review

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.

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 Gujarat High Court upheld the murder acquittal of an accused who inflicted fist blows during a sudden quarrel, ruling that absent specific intent to cause death, such spontaneous violence falls outside Section 300 IPC. The court declined to interfere with the trial court's finding that the act constituted only voluntarily causing hurt under Section 323 IPC.

The Supreme Court held dock identification is substantive evidence while TIP is merely corroborative, acquitting a POCSO accused due to contradictory medical timelines and investigation lapses. The decision underscores that convictions cannot rely solely on TIP without reliable dock identification backed by consistent medical proof.

The Division Bench affirmed the Single Judge’s finding that ‘NOVIETS’ is deceptively similar to the well-known mark ‘NOVARTIS’, considering visual and phonetic resemblance in the pharmaceutical sector. The court reiterated that appellate interference with interim injunctions is warranted only where the order is perverse or ignores settled principles, dismissing the appeal filed by Noviets Pharma.

A Division Bench may not set aside a trial judge’s grant of an interim injunction unless the discretion was exercised arbitrarily or perversely. The Supreme Court said appellate courts can intervene only on a ground of abuse of discretion, leaving the interim relief intact.

The Supreme Court upheld the High Court's reduction of a murder conviction to culpable homicide not amounting to murder, holding that material inconsistencies in eyewitness accounts and a dying declaration uncorroborated by medical evidence failed to prove the specific intent required for Section 302 IPC. The ruling reinforces that courts must rigorously test dying declarations against ocular and forensic evidence before sustaining murder convictions. The accused, having already served a six-year sentence under Section 304 Part II, will not face life imprisonment.

The Patna High Court acquitted the appellant in a 1995 dowry death murder conviction, ruling the prosecution failed to establish homicidal death beyond reasonable doubt and that the non-examination of the investigating officer caused substantial prejudice. The decision underscores the necessity of proving each element of the offence in circumstantial evidence cases and the procedural safeguard of examining the investigating officer.

The Jharkhand High Court overturned a family-court decree ordering a wife to resume marital cohabitation, finding the order perverse for ignoring evidence of cruelty and the lawful cause of her withdrawal. The ruling highlights the appellate power under Section 19(1) to set aside family-court findings that conflict with substantive facts, affecting spouses facing restitution of conjugal rights petitions.

The Calcutta High Court held that clear admissions of title and unchallenged tax receipts justify a judgment on admission, yet because the trial court did not examine the merits, the case must be remanded for a fresh trial. This clarifies that judgment on admission does not replace a full merits assessment in partition disputes, impacting parties relying on admitted title.

The NCDRC ruled that a director’s express authority binds the developer in redevelopment projects, and that buyers of such flats qualify as consumers under the Consumer Protection Act, 1986. This gives purchasers the right to seek redress for deficiencies in the scheme and extends consumer-protection safeguards to flat buyers dealing with corporate developers.

Bombay High Court enhances motor accident compensation from Rs. 25,000 to Rs. 83,275, correcting factual errors in salary loss calculation and awarding disability lump sum.

Allahabad High Court sets aside an appeal against acquittal under Section 364 IPC, ruling that family disputes require closer examination of witness credibility and adverse inferences for non-examination of key witnesses. The judgment reinforces that appellate courts must apply stricter evidentiary standards in cases involving familial relationships to prevent miscarriage of justice.

Bombay High Court revises compensation norms in fatal motor accident cases, establishing Rs. 30,000 as notional annual income for deceased graduates assisting in family businesses and awarding Rs. 48,000 consortium per dependent. The ruling reduces personal expense deduction to 1/2 for bachelors with unmarried siblings, impacting future claims under the Motor Vehicles Act.

Rajasthan High Court rules that imposing a 20% fine deposit as a precondition for suspending sentence under Section 138 NI Act is unjustified without recorded reasons. The decision reinforces judicial discretion in bail matters, impacting accused facing financial penalties in cheque bounce cases.