Bombay HC converts conviction from murder to culpable homicide, recognises “continuous provocation” from tobacco-addicted brother
“The deceased used to beat them even though they tried to persuade him to give up his addictions and improve.”
“The deceased used to beat them even though they tried to persuade him to give up his addictions and improve.”
“In a proceeding under Section 482 of the Criminal Procedure Code, this Court is not required to conduct a mini trial or get into nitty-gritties of the evidence.”
“Prolonged incarceration without trial amounts to infringement of right of an accused enshrined under Article 21 of the Constitution of India.”
“Permitting quashing of proceedings, in matters, in which the offence is against society, would be a mockery of the process of law and the criminal justice system.”
Anti-Corruption Bureau probed irregularities in granting of Rs 100 crore contract to the petitioners for three projects including the construction of Maharashtra Sadan in New Delhi. Based on such findings, Enforcement Directorate registered separate money-laundering case against the petitioners.
“The prosecution had examined only 27 witnesses by 11-8-2025 out of 170 witnesses cited by it. Thus, the possibility of concluding of the trial in the near future appeared remote while the accused had already served more than a decade in prison.”
The Court reiterated that social media is misused by certain people in the garb of “Freedom of Speech and Expression” by posting such material that creates hatred and disharmony among the people, such actions are detrimental to national unity and public order.
“This is unconscionable and unpardonable. It appears that, in a disciplined police force, the police personnel themselves are not following the discipline and are not following the mandatory directions issued by the office of the Director General of Police.”
The Gram Panchayat’s permission/NOC has no relevance, and the required permission ought to have been obtained from the Collector in the absence of any Authority.
It is the duty of the Planning Authority to meet the needs of the people and in the present case, CIDCO has already provided a fully functional cremation ground.
It is necessary for the law enforcers to imbibe in the minds of the citizens that the violation of law and/or opposition to implement the law by the State will not be countenanced and/or tolerated.
“We have seen the rise in slums and illegal constructions in the State of Maharashtra over a period of time and no action has been taken to raze them. It is this inaction by the state authorities that fuels the desires of the persons like petitioners.”
The University of Mumbai and Siddharth College of Law are at liberty to refuse permission to petitioner from appearing in the examination for failure to satisfy the minimum attendance criteria or any other eligibility criteria.
“The legislative intent through Section 509 is to deter an action capable of shocking the sense of decency of a woman. The manner in which the offender shocks such sense of a woman is not restricted to oral abuse or gesture alone, but also include statements, speeches, exclamations, notes, all of which could be in a text form relayed whether physically or electronically.”
The Court was confounded, and its conscience shaken by hearing the evasive and false replies of the Police Head Constable; his demeanour clearly indicated his interest in protecting the accused than the victim of the sexual assault.
The Judicial Officer’s feeble excuses made in favour of non-compliance with the Court order could not be accepted; Judicial Officer is not performing duties seriously.
“The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given”- Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9 SCC 608
The instant FIR was nothing, but a shot fired by the husband from his wife’s shoulders to espouse his own interest in the father’s property.
The complainant was pitted against the might of petitioners, i.e., husband, father-in-law, and three sisters-in-law, who were abusing and ill-treating her on petty issues and their sole aim was to extort money from her and her parents.
The Court noted that Section 90 of IPC does not define the term “consent”, but the law does not see “consent derived from a fear of injury and misconception of fact” as consent.