Non-Communication Of Grounds Of Arrest In Writing & Denying Legal Aid During First Remand Vitiates Detention: Punjab & Haryana High Court Dispute Over Authenticity Of Will Falls Within Domain Of Civil Court: Telangana High Court Grants Anticipatory Bail In Forgery Case State Cannot Arbitrarily Retain Premium Paid For Unutilized FSI; Denial Of Refund To Residential Projects Violates Article 14: Supreme Court Proclaimed Offender Not Entitled To Anticipatory Bail, Especially When Evading Investigation: Allahabad High Court Trial Court Cannot Disregard Evidence Of Witness Proving Will If Attesting Witnesses Are Deceased: Andhra Pradesh High Court PSPCL Mandates 48-Hour Processing For Lawyers Seeking Conversion To Domestic Electricity Tariff For Court Chambers "Clean Slate Theory": Supreme Court Holds Pending Suits And Arbitrations By Operational Creditors Stand Extinguished Upon Approval Of IBC Resolution Plan Deceased Witness's Testimony From Split Trial Admissible Against Absconding Accused Without Prior Formal Order: Supreme Court Term 'Second Class Passenger' Offensive To Spirit Of Constitution, Attach Class Connotation To Coach Instead: Supreme Court Mere Absence Of Ticket Does Not Negate Status As Bona Fide Passenger In Railway Accident Claims: Supreme Court "Vulgarity Is Not Obscenity": Supreme Court Says Mere Use Of Swear Words Or Threats During Altercation Not Punishable Under Sections 294(b) & 506 IPC Old Age & Health As Mitigating Factors: Supreme Court Modifies 70-Year-Old's Sentence Under Section 326 IPC To Imprisonment Till Rising Of Court Trial Court Cannot Exclude Property From Partition In Final Decree Proceedings If Review Order Directs Its Division: Telangana High Court Husband Must Inquire If Appeal Is Filed Before Remarrying; Remarriage During Subsistence Of Appeal Cannot Be Ground To Refuse Stay On Divorce Decree: Gujarat High Court Section 24(5) CPC Empowers Superior Courts To Transfer Suits Even From Courts Lacking Jurisdiction; Return Of Plaint Under Order VII Rule 10 Not Only Course: Allahabad HC Nominated Members Of Municipalities Have No Right To Vote In Legislative Council Elections: Supreme Court Writ Jurisdiction In Election Matters Not Absolutely Barred If Alternative Remedy Is Ineffective: Supreme Court Courts Can Presume Official Acts Of Revenue Officers Were Regularly Performed Under Section 114 Evidence Act: Gujarat High Court Omission Of Dispossession Date In Plaint Not Sufficient Ground For Rejection Under Order VII Rule 11 CPC: Telangana High Court

"CRIMINAL LAW" Digest

Criminal Law – Quashing – Section 528 BNSS – Scope – Applicants sought quashing of charge-sheet and proceedings for offences under Section 69 BNS and Sections 3/4 POCSO Act on plea of consensual relationship and false implication – High Court held that at the stage of consideration under Section 528 BNSS, only prima facie satisfaction is required and disputed question...

Prevention of Corruption Act, 1988 – Jurisdiction to Investigate – Central Government Employee – State Anti-Corruption Bureau – Question whether State ACB has authority to register FIR, investigate and file charge-sheet under the PC Act against a Central Government employee within the territorial jurisdiction of the State – Held: State ACB has jurisdiction to investig...

Criminal Law – Quashing of FIR – Compromise Between Parties – Neighbourhood Dispute – FIR registered for offences under Sections 191(2), 115(2), 352, 351(3), 324(4) BNS, 2023 arising out of a minor altercation between neighbours – During investigation, parties entered into an amicable settlement – Accused approached High Court under Section 482 Cr.P.C. seeking q...

Criminal Law – Appeal Against Acquittal – Dowry Death – Interference by Appellate Court – State challenged acquittal of accused under Sections 498-A and 304-B IPC – Principles governing appeal against acquittal reiterated – Unless findings are perverse or wholly unreasonable, interference not warranted – Trial court’s view found plausible and support...

Prevention of Corruption Act – Registration of FIR – Preliminary Inquiry – Not Mandatory in Every Case – FIRs registered by Karnataka Lokayukta Police on directions of Superintendent of Police without conducting preliminary inquiry – High Court quashed FIRs holding action to be without jurisdiction – Held: Issue no longer res integra in view of judgment in State...

Criminal Law – Quashing of FIR – Section 528 BNSS – Scope of Interference at Investigation Stage – Petitioner sought quashing of FIRs registered for offences under Sections 132, 224, 352, 351(3), 353(2) and 56 of BNS arising out of a single incident – FIRs registered within days of incident and investigation yet to commence in earnest – Held: FIR is not an encyc...

Maintenance – Interim Maintenance – Section 125 Cr.P.C. – Sufficient Means – Physical Incapacity of Husband – Revisionist-wife sought interim maintenance claiming opposite party to be a practicing doctor having sufficient means – Trial Court rejected interim maintenance holding that husband had become incapable of earning due to grievous firearm injury – H...

Criminal Procedure – Bail Jurisprudence – Continuing Mandamus – Nationwide Compliance Monitoring – Supreme Court examined compliance with its earlier directions issued in Satender Kumar Antil vs. CBI and subsequent orders dated 06.08.2024, 21.01.2025 and 15.10.2025 – Despite filing of addendum to compliance report by Amicus Curiae, several States, Union Territories, H...

Anticipatory Bail – Summoning under Section 319 CrPC – Effect of Closure Report Accepted by Court – Protection from Arrest by Supreme Court – Petitioner was named in FIR but Investigating Agency filed a Closure Report qua him – Closure Report accepted after notice to defacto-complainant and order attained finality – Petitioner was not sent for trial and charge-s...

Motor Vehicles Law – Bike Taxis as Transport Vehicles – Sections 2(7), 2(25), 2(47), 41(4), MV Act, 1988; Rule 2, CMV Rules, 1989; Central Government Notification S.O.1248(E) dated 05.11.2004; Central Government Clarification No. RT-11021/34/2023-MVL dated 22.01.2024 – Affirmative Finding – The High Court held that a motorcycle, capable of carrying a rider and a pillion pas...