Purposive Interpretation Necessary: High Court at Calcutta Clarifies Arbitration Scope “If the Testimony is True, We Act on It”: Kerala High Court Upholds Convictions in Divakaran Murder Case State Cannot Utilize Private Land Without Legal Acquisition and Compensation: High Court Upholds Lower Courts’ Rulings Delhi High Court Stresses ‘Procedure is the Handmaid of Justice’ in Allowing New Evidence in IFFCO TOKIO Case Mere Suspicion Cannot Substitute Proof Beyond Reasonable Doubt – Allahabad High Court Acquits Rajveer Singh in Murder Case Non-Compliance with Labor Laws Cannot Deny Compensation for Informal Workers: Bombay High Court in Motor Accident Case Limitation Period Starts from Fraud Discovery, Not Sale Execution,” Rules Andhra Pradesh High Court Testamentary Court’s Role is Limited to Verifying Testamentary Disposition: Calcutta High Court Declares Appellant Cannot Say at One Time That a Process Is Valid to Gain an Advantage and Then Turn Around and Say It Is Invalid When the Result Is Unfavorable,” Rules High Court of Jammu & Kashmir and Ladakh A humane approach is warranted in cases involving senior citizens: High Court Grants Relief in Bank Loan Recovery Case, Allows Installment Repayments Compliance with Section 52A of NDPS Act is Mandatory”: High Court Acquits Accused in Ganja Case Unregistered Lease Deed Admissible Under Section 90 Evidence Act: Orissa High Court Restores Permanent Injunction Review Jurisdiction Cannot Be Used as "Backdoor Appeal" to Introduce New Evidence in Land Acquisition Cases: Supreme Court Payment Under Minimum Wages Act Does Not Establish Employment Relationship: High Court on Res Judicata in Labour Court Proceedings Taxation Law | Reopening Assessment Beyond Four Years Requires Proof of Failure to Disclose: Delhi High Court Rigors of Section 37 Cannot Override Medical Priority: Punjab and Haryana High Court Grants Bail on Medical Grounds in NDPS Case Consumer Law | Mere Deterioration of Condition Post-Surgery Does Not Imply Medical Negligence Without Proof of Lack of Skill or Care: Supreme Court Supreme Court Declares Accessibility Rules for Disabled Must Be Mandatory, Strikes Down Voluntary Standards as "Ultra Vires" Court's Role Under Section 11(6A) is Limited to Verifying Existence of Arbitration Agreement: Supreme Court Refers Dispute to Arbitration Section 37 of the Partnership Act Entitles Outgoing Partner to Profits Derived from Firm Assets Post-Dissolution Until Final Settlement: Supreme Court Media Cannot Act as a Parallel Court: Kerala High Court Examines Media’s Right to Report Pending Criminal Cases and Court Proceedings

"CRIMINAL LAW" Digest

Transfer of Criminal Complaint – Jurisdiction under Section 138 of the Negotiable Instruments Act, 1991 – Petition filed by accused for transfer of complaint related to dishonoured cheque from Fazilka to Chandigarh, claiming that complainant’s bank account is maintained at Chandigarh – Controversy over actual maintenance location of the bank account whether at Chandigarh or...

Criminal Law – Jurisdiction of CJM and Police Station – Writ petition challenging FIR for offenses under Sections 304(II), 420, 409, 467, 468 RPC – Complaint initiated by respondent No.3 before CJM Jammu, alleging insurance fraud and failure to process claim leading to the death of the insured in Switzerland – CJM directed SHO Police Station Gandhi Nagar, Jammu to register ...

Criminal Law – Quashing of FIR – Petition under Section 482 CrPC to quash FIR under Sections 376 and 420 RPC – Allegations involve fraudulent marriage and subsequent physical relations under false pretenses – Court finds no prima facie case against petitioners Nos. 1 & 2 (parents of petitioner No. 3) – FIR quashed against them, while continuing against petitioner ...

Constitutional Law – Right to Life and Personal Liberty – Petitioners, fearing threats from private respondents after marrying against their wishes, seek protection under Article 21 – Court finds it appropriate to provide temporary police protection without adjudication on the merits of the threat perception – Police protection granted for one week, extendable on a day-to-d...

Criminal Procedure – Quashing of FIR – Petition under Section 482 Cr.P.C. to quash FIR for cheating and conspiracy lodged based on allegations of fraudulent misrepresentation by organizers of an education centre regarding the recognition of an educational course – Supreme Court guidelines on quashing FIRs discussed, specifically in the context of misrepresentations about universi...

Criminal Law – Conviction and Acquittal – Appellants convicted under Section 302 read with Section 34 IPC by the Sessions Court – Appeal in High Court – Examination of circumstantial evidence and recovery of weapons – High Court found no substantive link between appellants and crime – No credible last seen evidence – Absence of disclosure statements for re...

Compassionate Appointment – Rejection of Application – Petitioner’s husband died in 2008 while employed with Food Corporation of India – Petitioner applied for a compassionate appointment soon after but faced rejection and subsequent delays in processing her applications – High Court held that compassionate appointment is not a matter of right but a concession meant t...

Revision under Article 227 against order denying adjournment for expert cross-examination – Challenge against Trial Court’s order dated 16.04.2024 dismissing adjournment application for cross-examining Dr. Jassy Anand (PW-7), a forensic expert engaged to compare signatures/thumb impressions in property transaction documents – Supreme Court previously granted only one opportunity ...

Criminal Law – Dishonor of Cheque – Cheques issued as security under employment contracts – Petitioners sought quashing of criminal proceedings under Section 138 of the Negotiable Instruments Act, arguing no subsisting legal debt or liability at the time of the cheque issuance – High Court held proceedings should continue as the question of the validity of contracts and enf...

Bail Application – Narcotic Drugs and Psychotropic Substances (NDPS) Act – Application under Section 439 of the Cr.P.C. for regular bail in case registered under various sections of the NDPS Act, involving the recovery of 230 kg of poppy husk – Petitioner neither driver nor owner of the truck; co-accused granted bail – Prolonged incarceration without charge framing or witne...