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Criminal law

HARVINDER SINGH @ BACHHU versus THE STATE OF HIMACHAL PRADESH

The High Court erred in overturning the trial court's acquittal because the prosecution failed to prove the charges beyond reasonable doubt: the trial court's detailed findings (including disbelief of PW1 on account of his conduct), non-availability of the fingerprint report, non-examination of material witnesses, doubts about recovery, and the limited evidentiary value of reputation together created reasonable doubt; accordingly the High Court's conviction was set aside and the trial court's acquittal restored.

Source excerpt

  • Murder
  • Attempt to rape
  • Acquittal and appeal
  • Circumstantial evidence
  • Reputation and character
  • Non-examination of witnesses
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Civil procedure

SHYAM SEL AND POWER LIMITED AND versus SHYAM STEEL INDUSTRIES LIMITED

The Single Judge's order of 2 April 2019, which granted the defendants time to file affidavit-in-opposition and adjourned consideration of an ad-interim injunction for three weeks while directing weekly sales accounts, did not possess the traits and trappings of finality and therefore was not a 'judgment' within Clause 15 of the Letters Patent; consequently the intra-court appeal to the Division Bench was not tenable. The Division Bench erred in deciding the interlocutory injunction on merits instead of remitting to the trial court and failed to apply or record consideration of the establishe…

Source excerpt

  • Temporary injunction
  • Letters patent appeal
  • Meaning of 'judgment'
  • Trade mark infringement
  • Passing off
  • Order xxxix rr.1-2 cpc
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Succession

DHANPAT versus SHEO RAM (DECEASED) THROUGH LRS. & ORS.

The High Court erred in law by upsetting concurrent findings of fact; the Will was duly executed and proved by the evidence of an attesting witness, the scribe and the Sub-Registrar official, secondary evidence was admissible as the original Will was lost, and exclusion of some natural heirs did not render the Will suspicious; accordingly the High Court judgment was set aside and the decree of the First Appellate Court restored.

Source excerpt

  • Will execution and attestation
  • Secondary evidence admissibility
  • Scope of second appeal under section 41 punjab courts act
  • Suspicious circumstances surrounding wills
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Penal code

RAJU AMBADAS GANGEKAR versus THE STATE OF MAHARASHTRA

The High Court was justified in reversing the trial court's acquittal and convicting the appellant under Section 304 Part II IPC because the identity of the assailant was established beyond reasonable doubt by the dying declaration corroborated by PW-13 (the beat constable), the recovery of blood-stained clothes matching the description in the dying declaration and seized within a few hours of the incident, and chemical analysis showing the blood group on the clothes matched that of the deceased; the trial court's acquittal was perverse and resulted in a miscarriage of justice.

Source excerpt

  • Murder
  • Dying declaration
  • Reversal of acquittal
  • Identification evidence
  • Recovery and forensic evidence
  • Section 304 part ii ipc
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Criminal law

P. EKNATH versus Y. AMARANATHA REDDY @ BABU & ANR.

The High Court's acquittal was perverse because it failed to appreciate and consider the credible ocular testimony of injured eyewitnesses, the autopsy evidence showing injuries by a sharp weapon, recovery at the accused's instance of a blood-stained sickle with FSL confirmation of human blood, motive (loan dispute), and other supporting circumstantial facts; accordingly the Supreme Court set aside the High Court order and affirmed the trial court conviction and sentence.

Source excerpt

  • Murder
  • Attempt to murder
  • Ocular evidence
  • Dying declaration
  • Fsl report and weapon linkage
  • Autopsy findings
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Criminal law

MOHANDAS LALWANI versus THE STATE OF MADHYA PRADESH

The High Court rightly interfered with the Trial Court's acquittal because the Trial Court's rejection of the key prosecution evidence (notably PW1's testimony corroborated by PW5 and further corroboration by PW3 and PW4 regarding an extra-judicial confession) was unreasonable; the High Court properly reappraised the evidence under section 417 CrPC and the conviction under section 165A IPC and sentence of one year rigorous imprisonment was affirmed.

Source excerpt

  • Bribery under section 165a ipc
  • Appeal and review of acquittal under section 417 crpc
  • Credibility of witnesses and corroboration
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.