State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication

"CRIMINAL LAW" Digest

Default Bail - Custodial Detention – Statutory Right to Bail – Section 167(2)(a), CrPC – Offence Must Be Punishable With Minimum 10 Years – Clarified – The appellant was arrested for offences under Sections 386, 506 and 120B IPC – The Magistrate released him on statutory bail as the charge sheet was not filed within 60 days – The Sessions Court reversed th...

Criminal Law - Review Jurisdiction – Scope and Limitations – Article 137 of the Constitution – Limited Review Permissible – The Court reiterated that review of a criminal judgment is restricted to errors apparent on the face of the record – Broader considerations such as miscarriage of justice or deprivation of fundamental rights may still permit correction – Me...

Murder – Circumstantial Evidence – Section 302/34 IPC – Conviction Upheld – Son of the deceased had entrusted the appellant with the care of his mother before leaving on pilgrimage – Deceased found murdered and robbed – Prosecution proved a complete chain of circumstantial evidence including last seen theory, absconding conduct, recovery of stolen ornaments, and...

Negotiable Instruments Act – Section 138 – Fresh Cause of Action Permitted if Earlier Notice Was Invalid – Appellant sought to quash prosecution under Section 138 NI Act on the ground that a prior notice had already been sent and no complaint was filed within the statutory period – Held: The earlier notice dated 1.12.1995 was not issued within 15 days of dishonour of cheque...

Criminal Law - Sanction for Prosecution – Section 197 CrPC – Reasonable Connection Test – Prosecution Against Public Servant Without Sanction Permitted – Appellant, a former Secretary in the Government of Sikkim, challenged prosecution under IPC and Prevention of Corruption Act for acts related to award of contracts – Held: At this stage, the prosecution can proceed w...

Criminal Law – Murder Conviction – Confession under Section 164 CrPC – Partial Acquittal – The appellants were charged for the brutal murder of a serving army personnel by his wife and her accomplices – The trial court convicted A1 (wife) and A2, acquitting A3 and A4 – The High Court confirmed A1 and A2’s conviction and reversed the acquittal of A3 and A4 ...

Bail – Delay in Hearing of Appeal – Right to Speedy Justice – Article 21 – Bail Granted – Appellant convicted of murder and sentenced to life imprisonment – Her appeal filed in 1997 remained pending in the Madhya Pradesh High Court without being listed – Registrar's report revealed that only appeals of 1989-1990 were being heard – Held: Right to ...

Criminal Law – Communal Riot – Murder of Police Officers – Conviction Upheld – Two accused convicted for the murder of a Deputy Commissioner of Police and his security guard during a 1984 communal riot – Appellant Nasim identified by eyewitness as striking the deceased with an iron rod – Appellant Lokeman Shah convicted solely on a confession made to a Magistrat...

Murder of Minor – Conviction Based on Circumstantial Evidence – Upheld – 11-year-old girl enticed by appellant and last seen with him on the evening before her body was recovered – Dead body found next morning in the Government College compound – Prosecution relied on last seen theory, extra-judicial confession, forensic evidence, and absence of explanation under Sect...

Criminal Law – Conviction Upheld – Sentence Modified – Probation Granted – Petitioner convicted under Sections 279, 304-A, and 337 IPC for causing death and injuries by rash and negligent driving – Sentenced to imprisonment and fine by Trial Court; conviction upheld by Appellate Court – In revision, petitioner restricted challenge to quantum of sentence – ...