Tag: Criminal Appeal Judgment

Supreme Court: Criminal Cases Against In-Laws Can Be Dropped After Amicable Settlement
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Criminal Cases Against In-Laws Can Be Dropped After Amicable Settlement

This Supreme Court, invoking Article 142 of the Constitution, quashed all criminal proceedings arising from matrimonial discord, including charges under Section 494 and 498A IPC. Relying on precedents, it held that continuing prosecution after a full and final settlement and divorce constitutes an abuse of the legal process and serves no legitimate purpose. Facts Of The Case: The marriage between the respondent-wife and the appellant's brother was solemnized in 2001. The couple moved to the USA, but their relationship soured, leading to a mutual divorce decree from a California court in 2007. After returning to India, the wife initiated multiple legal proceedings against her husband and his family (the appellants). These included a complaint case alleging cruelty, a case under the Domest...
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Conspiracy in Construction: Supreme Court Slams Builder & Officials for Violating Zoning Rules
8Aug By The Legal ChamberNo Comments
Supreme Court

Conspiracy in Construction: Supreme Court Slams Builder & Officials for Violating Zoning Rules

The Supreme Court dismissed the appellant's appeal, upholding the Kerala High Court's decision to proceed with criminal charges under Section 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988, and Section 120-B IPC (criminal conspiracy). The Court ruled that obtaining a fraudulent permit for illegal construction in a prohibited zone constituted a criminal conspiracy with municipal officials. The attempt to regularise the unauthorised building did not absolve the appellant of liability. The Court distinguished the architect's case, noting lack of active involvement in the conspiracy. Charges were affirmed, emphasising strict enforcement of anti-corruption laws. Facts Of The Case: The case involves G. Mohandas, the owner of a building in Vanchiyoor Village, Thiruvanantha...
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Public Servant’s Spouse Can Be Convicted for Aiding Corruption: Supreme Court Upholds Conviction in Corruption Case: Prevention of Corruption Act, 1988
16May By The Legal ChamberNo Comments
Supreme Court

Public Servant’s Spouse Can Be Convicted for Aiding Corruption: Supreme Court Upholds Conviction in Corruption Case: Prevention of Corruption Act, 1988

The Supreme Court upheld the conviction under Section 109 IPC read with Sections 13(1)(e) & 13(2) of the Prevention of Corruption Act, 1988, ruling that a non-public servant (appellant) can abet the offence of possessing disproportionate assets by aiding a public servant (her husband). Relying on P. Nallammal (1999), the Court held that concealing illicit assets in the appellant’s name constituted intentional aid under Section 107 IPC, irrespective of marital status. The 2018 amendment to Section 12 of the PC Act (explicitly punishing abetment) was noted, though the offence was abettable even prior. The judgment reaffirms that abetment charges apply when a person facilitates the concealment of disproportionate wealth. Facts Of The Case: The case involves P. Shanthi Pugazhenthi, an As...
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Supreme Court Rules Stamp Vendors as Public Servants Under Anti-Corruption Law : Landmark Judgement
2May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules Stamp Vendors as Public Servants Under Anti-Corruption Law : Landmark Judgement

The Supreme Court held that licensed stamp vendors qualify as "public servants" under Section 2(c)(i) of the Prevention of Corruption Act, 1988, as they perform a public duty and are remunerated by the government through discounts. However, the appellant’s conviction was overturned due to insufficient proof of demand and acceptance of illegal gratification. The Court emphasized a purposive interpretation of anti-corruption laws to curb corruption effectively. Facts Of The Case: The case arose from an incident on 9 December 2003, when a complainant visited the Sub-Registrar’s Office in Janakpuri, Delhi, to purchase a stamp paper worth ₹10. The appellant, a licensed stamp vendor, allegedly demanded ₹12 instead. The complainant filed a complaint with the Anti-Corruption Branch (ACB), leadin...
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