Eyewitness Consistency is Key in Upholding Murder Convictions," Rules Rajasthan High Court State Cannot Take the Defence of Adverse Possession Against an Individual, Rules MP High Court in Land Encroachment Case Ignoring Crucial Evidence is an Illegal Approach: P&H High Court in Remanding Ancestral Property Dispute for Fresh Appraisal A Litigant Should Not Suffer for the Mistakes of Their Advocate: Madras High Court Overturns Rejection of Plaint in Specific Performance Suit 20% Interim Compensation is Not Optional in Cheque Bounce Appeals, Rules Punjab & Haryana High Court Presumption of Innocence Fortified by Acquittal: Rajasthan High Court Upholds Verdict in Accident Case Absence of Fitness Certificate Invalidates Insurance Claim, Rules MP High Court: Statutory Requirement Can't Be Ignored Punjab & Haryana High Court Affirms Protection for Live-In Couple Amidst Pending Divorce Proceedings Reassessment Must Be Based on New Tangible Material: Delhi High Court Quashes IT Proceedings Against Samsung India Kerala High Court Denies Bail to Police Officer Accused of Raping 14-Year-Old: 'Grave Offences Demand Strict Standards' Repeated Writ Petitions Unacceptable: Calcutta High Court Dismisses Land Acquisition Challenge Delhi High Court Upholds Validity of Reassessment Notices Issued by Jurisdictional Assessing Officers in Light of Faceless Assessment Scheme Adverse Possession Claims Fail Without Proof of Hostile Possession: Madras High Court Temple's Ancient Land Rights Upheld: Kerala High Court Rejects Adverse Possession Claims Expulsion Must Be Exercised in Good Faith — Calcutta High Court Orders Fresh Adjudication in Partnership Dispute Instigation Requires Reasonable Certainty to Incite the Consequence: Delhi High Court in Suicide Case

"Bail" Digest

Criminal Procedure – Regular Bail – Section 439 Cr.P.C. – FIR under Sections 363, 366-A IPC – Sections 376, 506, 120-B IPC and Section 4 POCSO added later – Petitioner a middle-aged lady, mother of the accused – In custody over 15 months – Not accused of sexual assault – Culpability to be determined at trial – Bail granted due to low likelihood...

Criminal Law – NDPS Act – Bail – Conscious Possession – Recovery of narcotics from a polythene bag thrown on the ground by the petitioner when the police approached – Bail granted – Court found it debatable whether the petitioner was in conscious possession of the contraband – The petitioner was not involved in any other case, and all prosecution witnesses...

Juvenile Justice – Bail Application –Criminal Revision against the order rejecting bail by Principal Magistrate, Juvenile Justice Board – Petitioner a juvenile accused under Sections 148, 149, 302, 120-B IPC and Sections 25(1B)(a), 27(1) Arms Act – Revision allowed – Gravity of the offense is not a criterion to reject bail for a juvenile – Impugned order passed ...

Criminal Procedure – Regular Bail – Lengthy Custody – Second petition for regular bail under Section 439 Cr.P.C. The petitioner was found in possession of 265 grams of Tramadol (commercial quantity) and a firearm with live cartridges. He has been in custody for 40 months, and the trial is at a nascent stage. Held, despite the petitioner’s involvement in multiple criminal ca...

Criminal Law – Bail – NDPS Act – Petition for regular bail under Section 439 Cr.P.C. – Recovery of 295 grams of heroin not effected from the petitioner – Petitioner arrested based on the disclosure statement of co-accused – Recovery from petitioner is 35 grams, less than the commercial quantity of 250 grams – Co-accused already granted regular bail –...

Criminal Procedure – Default Bail – Prosecution's Failure to File Challan – Revision petition against denial of default bail under Section 167(2) Cr.P.C. and Section 36A(4) NDPS Act – Petitioner arrested with 1 kg 800 grams of charas – Investigation not completed within 180 days – Extension of 90 days granted but later set aside – Petitioner entitled t...

Anticipatory Bail – Allegations of Dowry Harassment and Attempted Murder – Petitioners sought anticipatory bail under Section 438 CrPC for offences under Sections 498-A, 307, 509, 313, 403, 409 read with 34 IPC, and Sections 3 and 4 of the Dowry Prohibition Act – Allegations included demand for dowry, misappropriation of gold, and forced abortion – Investigation revealed in...

Criminal Procedure - Anticipatory Bail - Second Application - Change in Circumstance - Bail Jurisprudence- No Change in Circumstance – Petition under Section 438 Cr.P.C. for anticipatory bail – Held: A second anticipatory bail application on the same cause of action is not maintainable without a change in circumstance, fact situation, or law. The petitioner did not approach the trial c...

Criminal Procedure - Anticipatory Bail - Second Application - Change in Circumstance- Change in Fact-Situation – Petition under Section 438 Cr.P.C. for anticipatory bail – Held: A second anticipatory bail application can be filed only if there is a change in fact-situation or law which requires the earlier view being interfered with, or where the earlier finding has become obsolete. Me...

Criminal Law – Juvenile Justice – Regular Bail Petition – Section 439 Cr.P.C. – Section 6 of POCSO Act, 2012 – Section 12 of Juvenile Justice Act, 2000 – Juvenile petitioner ordered to be tried as an adult. Court held that under Section 12 of the Juvenile Justice Act, a juvenile in conflict with law is entitled to bail irrespective of the nature or gravity of th...