Tag: Bombay High Court

Accidental Death or Murder? Supreme Court’s Landmark Ruling in the Medical Student Case
16Jun By The Legal ChamberNo Comments
Supreme Court

Accidental Death or Murder? Supreme Court’s Landmark Ruling in the Medical Student Case

The Supreme Court partially set aside the appellant's conviction under Section 302 IPC and Section 5 read with 25(1)(a) of the Arms Act, acquitting him of these charges. The Court found the circumstantial evidence inconsistent with a murder conviction, noting a reasonable possibility of accidental death supported by medical evidence and bullet trajectory. His conviction under Section 201 IPC (disappearance of evidence) was sustained, and he was sentenced to the period already undergone. The judgment emphasized that mere suspicion, or an accused's inability to explain circumstances, cannot substitute for the prosecution proving its case beyond reasonable doubt, especially when a probable counter-view exists. Facts Of The Case: Vaibhav and Mangesh, first-year homeopathy medical college s...
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Supreme Court Stops Misuse of Rape Laws : No Rape If Relationship Was Consensual
12Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Stops Misuse of Rape Laws : No Rape If Relationship Was Consensual

The Supreme Court of India quashed criminal proceedings against the Appellant, finding that the alleged sexual assault and unnatural sex charges under Sections 376, 376(2)(n), 377, 504, and 506 of the IPC were not established. The Court held that the relationship was consensual, not based on a false promise to marry, and the complaint was likely motivated by a "disgruntled state of mind". The case fell under categories for quashing criminal proceedings to prevent abuse of process of law. Facts Of The Case: This appeal arises from the dismissal of Amol Bhagwan Nehul's petition to quash Criminal Case C.R. No. 490/2023, registered on July 31, 2023, for alleged offenses under Sections 376, 376(2)(n), 377, 504, and 506 IPC. The Complainant, Respondent No. 2, alleged that the Appellant forci...
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Cheque Bounce Case: Supreme Court Reinstates Case Against Director in ₹6 Crore Cheque Dishonour Case
7Jun By The Legal ChamberNo Comments
Supreme Court

Cheque Bounce Case: Supreme Court Reinstates Case Against Director in ₹6 Crore Cheque Dishonour Case

The Supreme Court clarified that for vicarious liability under Section 141 of the Negotiable Instruments Act, complaints need not reproduce statutory language verbatim. Substantive allegations demonstrating a director's responsibility for company affairs suffice. The Court emphasized substance over form, ruling that technical pleading deficiencies don't invalidate proceedings if the complaint, read holistically, establishes the director's operational role. The judgment reinstated criminal proceedings against the director, overturning the High Court's quashing order. Facts Of The Case: The case involved a complaint filed by HDFC Bank against M/s R Square Shri Sai Baba Abhikaran Pvt. Ltd. and its directors, including Mrs. Ranjana Sharma (Respondent No. 2), for dishonor of a cheque worth ₹6...
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Supreme Court Big Consumer Protection Verdict: Tenure, Transparency, and Tribunal Reforms
6Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Big Consumer Protection Verdict: Tenure, Transparency, and Tribunal Reforms

This Supreme Court judgment addresses the appointment process and tenure of members in State and District Consumer Commissions. It mandates judicial majority in selection committees and a five-year tenure, overturning previous rules. The Court also clarifies that written examinations are not required for judicial members, but are necessary for non-judicial members for both appointment and reappointment. Facts Of The Case: The genesis of this case lies in challenges to the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020. Initially, the Bombay High Court struck down certain rules concerning eligibility criteri...
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