The Hon’ble Apex Court has observed that, mere recovery of the currency note and positive result of the phenolphthalein test not enough in the peculiar circumstances of the case, to establish guilt of the appellant on the basis of perfunctory nature of materials and prevaricating type of evidence. That the Charge must be proved beyond reasonable doubt.
The Court observed that offences under the section 304-B IPC are besides being grave, heinous, offences against society driven with the demand of dowry, and needs to be prevented. It further held that, cases involving such offence cannot be quashed just because the accused and complainant have come to some sort of agreement/ settlement. Read more »
The decision of the Kerala High Court in P.C. Hari v. Shine Varghese1 presents a significant yet contentious development in the law governing dishonour of cheques under Section 138 of the Negotiable Instruments Act, 1881. While the Court endeavours to harmonize the NI Act with provisions of the Income Tax Act, particularly Section 269SS... Read more »
The Madras High Court has held that a petition under Article 227 of the Constitution is maintainable to seek the quashing of proceedings under the Domestic Violence Act. Read more »
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