Search Judgments

Indian Penal Code, 1860 (IPC) – Sections 450 and 376 – This criminal appeal challenges the order of the Principal District and Session Judge, Ranipet District, in S.C.No.114 of 2024, dated 19.09.2024, which convicted the appellant under Sections 450 (house-trespass in order to commit offence punishable with imprisonment for life) and 376 (rape) of the IPC.

The prosecution’s case alleges that the accused entered the victim’s house in the early morning hours of 07.11.2014, with the intention of rape. The victim was sleeping beside her parents. The victim bit the accused when he kissed her.

Unlawful Activities (Prevention) Act, 1967 – Section 16(1)(b); Indian Penal Code (IPC) – Sections 353, 307, 153(A); Explosive Substances Act, 1908 – Sections 4(a)(i) and 4(b)(ii); Indian Evidence Act, 1872 – Section 27; Criminal Procedure Code – Section 313(1)(b) and 162 – The appeal was filed against the acquittal of the respondent/accused, Mohammed Hanifa, by the Principal Sessions Court, Dindigul, in S.C.No.131 of 2014. The prosecution’s case was that the accused attempted to murder a Deputy Superintendent of Police (DSP) who was trying to execute a non-bailable warrant against him in connection with a prior case involving an attempt on the life of Mr.L.K.Advani. The accused allegedly attacked the DSP with a knife and was later found in possession of explosives and incriminating documents.

The trial court acquitted the accused, citing inconsistencies in the prosecution’s evidence, procedural lapses, and failure to examine all witnesses.

Tamil Nadu Urban Local Bodies Act 1998 Section 100  – These writ petitions challenge demand notices issued by respondents, contesting the change of property tax from residential to commercial tariff for hostel properties. Petitioners argued that the notices violated natural justice principles due to lack of prior notice and that hostels providing accommodation to economically weaker sections should be considered residential units. They referred to Coimbatore City Municipal Corporation Act, 1981, Chennai City Municipal Corporation Act, 1919 and a previous court order (W.P.No.28486 of 2023) emphasizing the recipient’s perspective in determining tariff based on usage. Respondents contended that hostels are commercial premises under Tamil Nadu Urban Local Bodies Act, 1998, and CMWSS Service Charges (Levy and Collection) Regulations, 1998, citing potential revenue loss if treated as residential.

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 2(a), 2 (d), 2(g) and Section 4 – The case revolves around a senior citizen (3rd respondent) who initiated proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, against his daughter-in-law (petitioner) and grandchildren concerning property and business disputes. The senior citizen claimed he was not being maintained and was dispossessed from his properties, including two shops (Door Nos. 306 & 309, Big Bazaar Street, Trichy) unauthorizedly occupied by the petitioner and her parents. He also sought cancellation of settlement deeds executed in favor of his deceased son (petitioner’s husband), alleging they were made under the promise of care, which was not fulfilled.