Senior Officers Must Be Held Criminally Accountable For Subordinates' Failures: Allahabad HC Recommends 'Superior Responsibility' Doctrine To DoPT Independent Evidence Justifies Compensation Enhancement Even If Relied-Upon Precedents Are Set Aside: Karnataka High Court Right To Travel Abroad Not Absolute; Must Be Balanced With Right To Speedy Trial & Societal Interest: Supreme Court Constitutional Courts Cannot Remain Mute Spectators To Inordinate Delays In Investigation: Supreme Court EPF Accumulations Are Protected Retiral Benefits, Cannot Be Defeated By Financial Incapacity Of State Corporations: Supreme Court Allahabad HC Converts Murder Conviction To Culpable Homicide For Man Who Threw Children Into Well, Says Act Was Done Without Premeditated Intent Defendant Who Denied Plaintiff's Title In Written Statement Can't Seek Substitution As Plaintiff's Assignee Upon Their Death: Gauhati High Court Section 307 IPC Conviction Requires Concurrence Of Mens Rea And Actus Reus; Not Sustainable Without Intention To Kill: Delhi High Court Writ Jurisdiction Not A Forum To Rewrite Contracts; High Court Does Not Sit As Site Engineer: Andhra Pradesh HC Adding Additional Charges In Retrial For Subsequent Offences Does Not Amount To Double Jeopardy: Calcutta High Court 80% Consent Requirement For Integrated Township Projects To Be Calculated For Entire Project, Not Village-Wise: Allahabad High Court Police Not Competent To Dispossess Or Evict Persons From Property: AP High Court Driver’s Murder While On Duty Is An ‘Accidental Death’ Under Employees’ Compensation Act If No Personal Motive Exists: Delhi High Court UAPA Can't Be Invoked For Stone-Pelting During Protests; Akhil Gogoi To Face Trial Under IPC For Anti-CAA Agitation: Gauhati High Court Time Is Essence Of Contract If Expressly Provided; Purchaser Failing To Pay Balance Within Stipulated Period Not Entitled To Specific Performance: Karnataka High Court 'Gross Annual Income' Under Section 38 Waqf Act Includes All Sources Before Deductions: Kerala High Court Evidence Based Solely On Co-Accused Statement, No Recovery: Punjab & Haryana HC Grants Bail In UAPA Case Despite Accused's 'Massive' Criminal History Adoption Not Recognised In Islamic Law For Inheritance; Nearer Heirs Exclude Remote Ones Under Principle Of 'Al-Hajb': Madras High Court High Court Grants Transit Anticipatory Bail To Inter-Faith Couple Fearing 'Honour Killing' In Madhya Pradesh; Protects From Arrest For One Month Market Value Escalation Applied During Land Valuation Cannot Be Adjusted Against Statutory Benefits Under Section 23(1A): Punjab & Haryana High Court

"CRIMINAL LAW" Digest

Criminal Law - Transit Anticipatory Bail - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 482 - Jurisdiction of High Court to grant protection for crimes registered outside territorial limits - Applicants being film actors from Madhya Pradesh residing in Kerala sought transit bail regarding Crime No. 112/2026 registered at Maheshwar Police Station MP - Allegations included kidnapping and child ...

Writ Law - Habeas Corpus - Bharatiya Nyaya Sanhita 2023 - Sections 87 and 137(2) - Recovery of minor - Petitioner mother sought recovery of fifteen year old daughter enticed away by respondent five - Investigation by PS Sipri Bazar Jhansi found deficient and lacking objectivity - Charge-sheet submitted based on accused version without proper verification - Court noted non-compliance with direction...

Criminal Law – Bail – UAPA – Terrorist Conspiracy – Absence of Direct Recovery – Appellant nominated as accused on the basis of interrogation of co-accused Sehajpreet Singh @ Nirbair Singh – No independent recovery attributed to appellant – Appellant has extensive criminal antecedents spanning eight FIRs including offences under IPC, Arms Act, UAPA and NDP...

Criminal Law - Code of Criminal Procedure 1973 - Section 439(2) - Bail Cancellation - Distinction between cancellation and revocation - Held - Law is well settled that cancellation of bail due to violation of conditions is distinct from revocation of an order found to be perverse or illegal - Bail once granted cannot be cancelled in a mechanical manner or merely because the offence is serious - Hi...

Indian Penal Code 1860 - Section 307 - Attempt to Murder - Intention - Parties were close relatives - Incident occurred after the father of the victims challenged the appellant - Held - Facts do not establish a clear intention to commit murder or cause death - Mens rea for Section 307 IPC not established beyond doubt - [Paras 27-33] Indian Penal Code 1860 - Sections 320 and 326 - Grievous Hurt ...

Criminal Law - Unlawful Activities Prevention Act 1967 - Section 15 - Terrorist Act - Definition and Means - Interpretation of other means of whatever nature - Principle of ejusdem generis - Held - To qualify as a terrorist act the act must be done with intent to threaten unity or strike terror using specified hazardous means - A stone does not fall within the category of bombs or explosives as sp...

Criminal Law - Right to Travel Abroad - Constitution of India - Article 21 - Appeal against High Court judgment permitting Respondent No. 2 to travel to USA for medical treatment pending trial for offences under Sections 120-B and 306 IPC - Respondent No. 2 a US citizen had previously left India in 2017 after suspension of Look Out Circular and returned in 2025 leading to arrest - Magistrate order...

Criminal Law - Investigation Delay - Constitution of India - Articles 21 and 226 - Inordinate delay in filing chargesheet - Father of appellants filed a complaint in 2007 alleging forgery of property documents while he was on Haj pilgrimage - Police submitted C-Summary in 2014 which was rejected by the Judicial Magistrate First Class - FSL report in 2017 confirmed forgery of signatures - Original ...

Criminal Law - Culpable Homicide and Murder - Indian Penal Code 1860 - Sections 302 and 304 Part II - Appellant challenged conviction for throwing two minors into a well resulting in one death - PW2 mother of victims testified as an injured eyewitness that appellant harassed her and threw her children into the well when she resisted - Trial Court convicted for murder - High Court observed that whi...

Criminal Law - Summoning of additional accused - Code of Criminal Procedure 1973 - Section 319 - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 348 - Petitioners were named in FIR but found innocent during investigation and kept in Column No 2 of the challan - Trial Court allowed application for summoning them as additional accused following deposition of PW1 complainant who attributed specific...