Gratuity Is A Statutory Right, Cannot Be Denied On Vague Allegations Of Abandonment: Calcutta High Court Directs Employer To Pay Pending Gratuity With Interest Prosecutrix Is a Victim of Crime, Not an Accomplice — Sole Testimony Sufficient for Conviction If It Inspires Confidence: Bombay High Court Rape Is An Offence Against Society And Not A Matter To Be Left For Compromise: Allahabad High Court Refuses To Quash Proceedings Under Section 376 IPC And U.P. Conversion Prevention Act Despite Settlement Andhra Pradesh High Court Upholds Compartmentalized Horizontal Reservation in Sports Quota for MBBS Admissions Total Non-Compliance of Section 42 Vitiates the Trial: Punjab & Haryana High Court Upholds Acquittal in 25-Year-Old NDPS Case Involving 30 Bags of Poppy Husk An Advocate’s Office Situated in a Commercial Building Qualifies as Non-Residential Use Entitling Eviction under Section 12(1)(f) of M.P. Accommodation Control Act: Madhya Pradesh High Court Bail Cannot Be Denied Merely Due to Criminal History—Conspiracy Allegations Alone Insufficient Without Direct Role in SC/ST Offence: Punjab & Haryana High Court No Vested Right to Retain Government Accommodation After Losing Public Office — Penal Rent Justified for Unauthorized Occupation: Patna High Court These Litigations Appear to Be Luxury Litigations: Allahabad High Court Imposes Cost on Over 6400 Petitioners Seeking Revival of TET-Based Selection Process Rule 6(2) Is Not a Cut-Off Provision—Supreme Court Declares Candidates Eligible If D.El.Ed. Was Completed Before Selection Implementation of Slum Rehabilitation Scheme Cannot Be Halted on the Basis of Belated and Baseless Custody Without Communication of Grounds Is No Custody in Law —Violation of Articles 21 and 22 Nullifies Arrest and Remand: Punjab & Haryana High Court Declares Arrest of Music Producer as Illegal Scribe Is Not a Substitute for Attesting Witness—Will Must Satisfy Section 63 of Succession Act and Section 68 of Evidence Act: Punjab & Haryana High Court Rejects 45-Year-Old Testamentary Claim Removal From Service With Superannuation Benefits Entitles Employee to Pension: Supreme Court Acknowledgment of Liability Extends Limitation — Pendency of Appeal No Ground to Resist Recovery: Supreme Court Sympathy Cannot Override Binding Conditions of Tender: Supreme Court Sets  Aside High Court’s Direction to Alter Applicant’s Group Classification for BPCL Dealership Land Acquisition | Factory Without CLU Can't Claim Land Release Despite Long Possession; However, Compensation Under 2013 Act Granted : Supreme Court Person’s Identity Is Not Lost If a Machine Fails to Recognize Them: Madhya Pradesh High Court Quashes LIC’s Rejection Over Biometric Mismatch Mother Cannot Mask Paternity to Satisfy Ego: Bombay High Court Rejects Petition to List Woman as ‘Single Parent’ in Child’s Birth Certificate Transferee Pendente Lite Is Bound by the Decree—Cannot Obstruct Execution Proceedings: Allahabad High Court Pulls Up Revisional Court for Overreach Higher Placement in Seniority List Cannot Be Ignored: Supreme Court Upholds Direction to Consider Contractual Worker for Appointment on Par with Others Regularised CBI Investigation is Not to Be Ordered Routinely on Vague Allegations: Supreme Court Sets Aside High Court’s Order Directing CBI Probe in Extortion Case When Aggressors Trespass Armed into a Dwelling and Cause Fatal Injuries, Exception to Murder Does Not Arise: Supreme Court Affirms Conviction under Section 302 IPC Delayed Payment for 50 Years Warrants Reasonable Interest, But Excessive Rates Cannot Be Granted": Supreme Court

"BAIL" Digest

Bail in UAPA Cases – Long Incarceration and Delay in Trial – Section 43(D)(5) of UAPA – The appellant has been incarcerated for over 11 years and faces charges primarily under Sections 17 and 18 of UAPA, with allegations of providing funds to an individual involved in terror activities – Supreme Court precedent in K.A. Najeeb permits Constitutional Courts to harmonize statu...

Default Bail – Period of Custody – Right Extinguished upon Filing of Challan – Petition Dismissed – The petitioner contended entitlement to default bail under Section 167(2) CrPC, asserting that the applicable period for filing the challan was 60 days as per Part-I of Section 307 IPC. The court found that at the time of filing for default bail, Part-II of Section 307 IPC, w...

Anticipatory Bail – Public Servant Accused of Corruption – Petitioner, a Regional Transport Officer, was accused of illegal cancellation of registration certificates (R.C.) of vehicles and unauthorized concessions on taxes, causing a financial loss to the State – Held: The nature of evidence (mostly documentary) and the petitioner's position as a public servant do not necessi...

Criminal Law – Bail Application – Prolonged Judicial Custody – Denial of Bail – Petitioner sought regular bail under Section 439 of Cr.P.C. in an FIR registered under Sections 302/120-B/34 IPC for the murder of two inmates inside a jail van – Petitioner has been in judicial custody for over nine years while only 32 out of 79 prosecution witnesses have been examined &n...

Criminal Law – Bail Application – Prima Facie Case – Grant of Bail Petitioner accused of sexually harassing the de facto complainant during a public event and making sexually colored remarks on social media – Prosecution argued that petitioner’s comments and actions amount to body shaming and sexual harassment – Court observed that the allegations prima facie...

Bail in UAPA Cases – Prima Facie Evidence – Under Section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967, the court must determine whether there are reasonable grounds for believing that the accusations against the accused are prima facie true – Held: The material collected by the NIA, including WhatsApp group activity, videos, pamphlets, and digital records, establish...

Bail – Discretion of Court – Judicial Custody and Completion of Investigation – Application under Section 439 Cr.P.C. by the accused, Dr. Efthickar Ahamed, who has been in judicial custody for 45 days, with the investigation completed and the final report filed – Supreme Court precedents emphasize bail as the rule and jail as the exception, with a focus on Article 21 of the...

Bail - NDPS Act – Procedural Safeguards – Non-compliance Raises Doubts - The prosecution failed to adhere to the procedural requirements under Sections 42, 50, 52, and 52-A of the NDPS Act. Notably, there was a delay in recording the daily diary entry and preparing the inventory panchanama, as well as discrepancies in witness accounts, undermining the credibility of the prosecution'...

Bail Pending Trial – Allegations of Money Laundering – Proceeds of Crime – The petitioner, a former minister, was accused of laundering proceeds of crime arising out of corruption in tender allocation under the Punjab Foodgrains Labour & Cartage Policy 2020-21 – Allegations included acquiring proceeds of crime as immovable properties and gold worth crores, which were co...

Criminal Law – Anticipatory Bail – Petitioners, members of a family, accused of cheating and criminal breach of trust in a commodity trading dispute involving Rs. 37.75 crores – The court finds prima facie evidence against the petitioners of fraudulent intent, noting that they transferred properties to avoid liabilities – Claims of the dispute being civil in nature rejected...