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Supreme Court Upholds Acquittal in Kidnapping Case Due to Absence of Formal Charge and Distinct Offence Nature. Conviction Under Section 364 IPC Without Framing Charge Violates Fair Trial Norms as It Is Not a Minor Offence Compared to Section 302 IPC Under Section 222 Cr.P.C.

The State of Uttar Pradesh appealed against the High Court's judgment acquitting Ram Swaroop, who had been convicted by the trial court under Section ...

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Supreme Court Sets Aside Anticipatory Bail in Murder Case Due to Absconding Accused and Proclaimed Offender Status -- High Court's Direction for Surrender and Regular Bail Deemed Illegal Under CrPC and IPC

The Supreme Court allowed an appeal by the original complainant against the High Court's order granting anticipatory bail to the accused in a murder c...

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Bombay High Court Upholds Acquittal in Section 138 NI Act Case Due to Non-Prosecution by Complainant's Partner. Complaint Filed by Partner Without Proper Authorization Not Maintainable Under Section 138 of Negotiable Instruments Act, 1881.

The case involves two criminal appeals arising from a judgment of acquittal passed by the Metropolitan Magistrate, 30th Court, Kurla, Mumbai on 30/08/...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Eye Witness Testimony and Doubtful Recovery of Weapon. Bitter Gourd Creeper Dispute Leads to Life Imprisonment Reversed as Court Finds Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Section 302 IPC.

The appellant, Ashok Chindha Birhade, was convicted under Section 302 of the Indian Penal Code for the murder of his neighbour Devidas, arising from a...

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Bombay High Court Allows Writ Petition of Village Panchayat Members Challenging Disqualification Under Section 14(1)(j3) of Maharashtra Village Panchayats Act — Mere Registration of Forest Offence Without Conviction Does Not Attract Disqualification.

The petitioners, Raju s/o Mansaram Pawar and his wife Yashoda w/o Raju Pawar, were elected members of the Village Panchayat, Jamdighat, in 2017. Petit...

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Bombay High Court Dismisses Petitions Challenging Disqualification of Panchayat Members for Non-Payment of Tax — Failure to Pay Property Tax Constitutes Disqualification Under Section 14(1)(j) of Maharashtra Village Panchayats Act, 1959.

The case involves two writ petitions filed by Sandip Ganpatrao Bhadade and Sau. Sangita Vijay Choudhary, who were elected as members of the Gram Panch...

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Bombay High Court Allows Appeals by Complainant's Widow in Cheque Dishonour Cases, Restoring Complaints Dismissed for Non-Prosecution. Held that the Magistrate erred in dismissing complaints under Section 256 CrPC without considering the death of the original complainant and the request for substitution.

The appellant, Smt. Nirmal Dewan, is the widow of Shri Trilok Dewan, who had filed three separate complaints against the respondent, Anand Shroff, all...

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Bombay High Court Allows Compounding of Offence Under Section 498A IPC in Matrimonial Dispute. Husband and Wife Permitted to Settle, Criminal Appeal Quashed to Secure Ends of Justice.

The applicant, Shankar Panditrao Tokalwad, the husband and original accused No.1, filed a criminal application under Section 482 of the Code of Crimin...

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Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. Accused's Assurance to Honour Cheque on Re-deposit Does Not Bar Prosecution When Complaint Filed Within Limitation.

The appellant, Ex-Major Uday Sathe, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881. He sold 50 equit...