Possession and Part Performance: Stamp Duty Compliance Is Non-Negotiable, Says Delhi High Court Calcutta High Court Declares Disciplinary Action as ‘Shockingly Disproportionate’, Orders Reduction in Rank for Petitioner No Profits, No Deduction — Section 33AC Must Precede 80-I Calculation in Shipping Tax Disputes: Bombay High Court Equity and Merit Must Coexist: Kerala High Court Rules on Regularisation of Temporary Forest Department Employees Lawyers Have No Right to Strike: Madras High Court in Contempt Case Encroachment is like committing a 'dacoity' against public resources: Delhi High Court. High Court Rejects Plea of Kindergarten School Against ESI Contribution Assessment Kerala High Court Quashes Rape Proceedings Citing 'Humanitarian Consideration' After Accused Marries Victim Procedural Delays Do Not Justify Condonation of Delay," Rules Delhi Consumer Commission in National Insurance Case Elements of Section 300 IPC Are Not Made Out: Rajasthan High Court Quashes Murder Conviction in 1987 Beating Case Registrar Cannot Be a Judge of His Own Cause: Punjab and Haryana High Court Quashes Amendments MP High Court Upholds Prosecution for Forged Patta: 'Accountability in Public Office is Non-Negotiable Approval Must Be Granted for Altruistic Kidney Donations," Rules Madras High Court Grave Illegality in Appellate Remand: High Court of Rajasthan Orders Reassessment on Merits Commissioner Lacked Authority for Retrospective Cancellation: Punjab & Haryana High Court Restores Educational Trusts' Registrations Intent is Crucial in Violent Crimes: Single Blow with Axe Does Not Imply Attempt to Murder," Rules Madhya Pradesh High Court

"Bail" Digest

Criminal Law – Bail Application – Rape under POCSO Act – The applicant, aged 71 years, sought bail in a case involving gang rape and blackmail of a 12-year-old victim. The victim alleged that the applicant, along with a co-accused, had formed physical relations with her against her consent on multiple occasions, leading to her pregnancy, and blackmailed her with videos – He...

Anticipatory Bail – Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 – Scope Expanded – The applicants filed for anticipatory bail under Section 482 of the BNSS, 2023, in connection with accusations under Sections 451, 394/34 of IPC – Held: The scope of anticipatory bail has been expanded compared to the earlier provision under Section 438 of the CrPC, 1973, removing g...

Bail Application – Prolonged Custody – Delay in Trial – Bail Granted – The Applicant sought release on bail in a murder conspiracy case, citing his custody since January 2020 and the slow progress of the trial, with over 70 witnesses yet to be examined. The trial was proceeding slowly due to limited availability of the Sessions Judge and the complexity of the case – H...

Suspension of Sentence – Section 389(1) CrPC – Denial of Parity in Bail – The appellants sought suspension of sentence and release on bail, similar to co-accused Pappu, who was granted bail despite being the primary accused in the murder – High Court rejected the plea on grounds of differing periods of imprisonment served by the appellants and co-accused – Held: The a...

Bail Application – Corruption Charges – Section 7 of the PC Act – Regular Bail Granted – The petitioner, a Sub-Inspector in Delhi Police, was accused of demanding and accepting a bribe of Rs. 2.5 lakhs during the course of official duties – The Court considered the petitioner’s contention of false implication, lack of criminal antecedents, and the fact that the ...

Bail Application – Charges under IPC and POCSO Act – Grant of Bail – Appellant accused of offenses including abduction and sexual assault – Appeal against rejection of bail by the Rajasthan High Court – Argument of consensual relationship due to close age gap between appellant and the minor victim – Held: The appellant has been in custody since May 2024, and the...

Anticipatory Bail – SC/ST (PoA) Act – False Implication – Bar Under Section 18 - The appellants sought anticipatory bail, arguing that the charges were filed as a counterblast to an incident involving political rivalry and that they were falsely implicated – Held: Based on the material, including the FIR, the parties were found to be living in inimical terms, raising doubts...

Criminal Law – Bail in NDPS Cases – Section 21(c) NDPS Act – Bail Granted – The appellant had been in custody since April 2023 in connection with the seizure of Codeine Phosphate syrup. Despite the filing of the chargesheet and supplementary chargesheet, the trial was not set to commence until January 2025. The Supreme Court granted bail, considering the prolonged pre-trial...

Bail Application – Prolonged Trial – Section 439 CrPC – Bail Granted - The petitioner, in custody since 12/09/2016, filed a second bail application under Section 439 CrPC, after the first bail plea was dismissed. The Court observed that despite the passage of over eight years, only four out of 28 witnesses had been examined, and the trial had been proceeding at a snail's pace...

Prevention of Money Laundering Act – Application of Twin Test – Section 45 of PMLA – Bail Granted - The applicant, arrested under the PMLA for alleged disproportionate assets amounting to 204% of known income, sought bail. The Court, after reviewing the twin conditions under Section 45 of the PMLA, found that the applicant had made out a prima facie case. Since the chargesheet in...