Delhi High Court Frames Criminal Contempt Charges Against Advocate For Scandalizing Judge On LinkedIn After Cyber Cell Traces IP Logs Testimony Of Partially Hostile Witnesses Can Be Relied Upon If Corroborated: Delhi High Court Upholds Police Officer's Conviction Subordinate Engineers Entitled To Non-Functional Upgradation Even If Level 8 Reached Via MACP: Supreme Court FEMA Adjudicating Authority Cannot Overrule Competent Authority's Refusal To Confirm Asset Seizure: Supreme Court Candidate Cannot Claim Lower Preference Post After Securing First Choice Under Merit-Cum-Preference System: Madhya Pradesh High Court Official Cannot Escape Corruption Trial Merely Because 90% Payment Was Made Prior To His Joining: Calcutta High Court Employee Who Evades Cross-Examining Witnesses Cannot Later Claim 'No Evidence' In Departmental Enquiry: Andhra Pradesh High Court Fictitious Or Non-Genuine Revenue Entries Cannot Confer Adhivasi Rights Under UP Zamindari Abolition Act: Allahabad High Court Calcutta High Court Quashes Termination Of Compassionate Appointee Over Age Dispute, Says Such Claims Cannot Be Kept Pending Indefinitely Alleged Custodial Torture Does Not Automatically Attract Contempt Under 'D.K. Basu' Unless Specific Arrest Guidelines Are Violated: Gujarat High Court Authority Cannot Act As 'Judge In Own Cause'; Himachal Pradesh High Court Quashes Distillery License Cancellation Over Procedural Impropriety Financial Corporations Have Absolute Power To Fix Employee Pay, Prior State Govt Approval Not Required: Jharkhand High Court Custodial Interrogation Not Required For Police Inspector Accused Only Of Illegal Confinement Prior To Victim's Death: Karnataka High Court Rescission Of Contract Without Hearing Is Illegal; Courts Cannot Interfere In Second Appeal If Findings Rest On Unrebutted Evidence: Gauhati High Court RTI Penalty Proceedings Are Between Commission and SPIO Alone — Complainant Has No Right To Be Heard: Kerala High Court Catastrophic To Allow Law To Take Its Own Course: MP High Court Quashes POCSO, BNS FIR After Victim And Accused Marry No Presumption Under Section 20 PC Act Without Proof Of Demand And Acceptance: Telangana High Court Quashes Case Against Sub-Inspector Attack On Judicial Officers Is Criminal Contempt; Supreme Court Orders CBI/NIA Probe Into West Bengal Incident Prolonged Physical Relationship By Educated Woman Amounts To 'Promiscuity', Not Rape Induced By Misconception Of Fact: Punjab & Haryana High Court Father Cannot Escape Duty To Maintain Minor Children Merely Because Mother Earns Substantial Income: Uttarakhand High Court Divorced Wife Entitled To Maintenance; Mere Earning Capacity Not A Bar: Orissa High Court

"CRIMINAL LAW" Digest

Criminal Law – Defamation – Cognizance Based on Complaint by Public Prosecutor – Section 222(2) BNSS – Scope and Applicability – Petitioner, an advocate-politician, republished a letter from an existing book containing comments on the Hon’ble Chief Minister's alleged personal relationships – Complaint filed by Public Prosecutor under Section 222(2) BNS...

Criminal Law – Quashing of FIR - Second FIR – Distinct Allegations – Petitioners sought quashing of FIR No. 230/2024 claiming it was a second FIR barred by the judgment in T.T. Antony – Earlier FIR No. 38/2021 pertained to inducement to invest in a business scheme – Present FIR concerned subsequent acts of forgery and fabrication of documents including use of fake not...

Criminal Law – Outraging Modesty – Appeal Against Acquittal – Evidence Inconclusive – Accused allegedly assaulted and outraged modesty of woman by hugging and attempting to drag her into bushes – Sole testimony of PW.1 (prosecutrix) not corroborated – Independent eyewitness PW.3 turned hostile – Delay of 36 hours in filing complaint not satisfactorily expl...

Negotiable Instruments – Dishonour of Cheque – Complaint by Struck-off Company – Proceedings Quashed – Complaints under Section 138 of the NI Act filed in 2020 by Raghav Aditya Chits Pvt. Ltd. after the company had already been dissolved on 08.08.2018 under Section 248(5) of the Companies Act – Court held that once a company stands struck off and dissolved, it ceases ...

Habeas Corpus – Minor Girl – Detention in Protection Home – Validity – Detenue ‘A’ alleged to have been kidnapped by Petitioner No. 1 under Sections 363, 366, 376 IPC and POCSO Act – FIR stated her age as 14 years – School records (scholar register and transfer certificate) from Chandra Shekhar Azad Inter College recorded date of birth as 14.03.2010 ...

Preventive Detention – Drug Offender – Validity of Detention under Section 3(2) of the Telangana PD Act – Detention Upheld – Detenu booked in three NDPS cases involving seizure of ganja (2.165 kg, 1.53 kg, and 20.5 kg respectively) – Court held that repeated involvement in narcotics peddling justifies invocation of preventive detention – Held: Preventive detenti...

Criminal Law – Preparation to Commit Dacoity – Sentence Modified – Appellant convicted under Sections 399 and 402 IPC and Section 25 of the Arms Act for participating in armed planning to commit dacoity near Maruti Suzuki premises – Recovery of country-made pistol from the appellant – Trial court sentenced him to 7 years imprisonment – Held: Conviction upheld, b...

Criminal Law – Murder – Dying Declaration – Evidence of Related Witnesses – Conviction Converted – Appellants convicted for murder of informant’s father based on oral dying declarations made to PWs-1, 2, 3 and 5 – Deceased allegedly named appellants as assailants before dying – Trial court convicted under Section 302/34 IPC – High Court found n...

Bail – Second Application – Delay in Trial – Right to Speedy Trial under Article 21 – Prolonged Incarceration – Petitioner in custody since March 2024 facing trial for offences under Sections 3 & 9 of the Official Secrets Act – Trial stagnating at pre-charge evidence stage due to prosecution’s repeated adjournments and non-filing of FSL report – ...

Criminal Law – Quashing of FIR – Abuse of Process – Petitioners and complainant were co-owners in civil dispute over shared property – Allegations of criminal trespass and outraging modesty found unsubstantiated – No material on record to indicate intention to outrage modesty or exclusive possession by complainant – Held: FIR filed to give civil dispute a crimin...