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 – Quashing of Criminal Proceedings – Fraudulent Loan Disbursement – Complaint case based on FIR alleging misappropriation of ₹8 lakhs through fraudulent withdrawal by bank officials, including Branch Manager, Loan Manager, Deputy Manager, Head Cashier and Peon – Applicants sought quashing of proceedings under Section 482 CrPC, claiming lack of direct role and...

Criminal Law – Cheating and Criminal Breach of Trust – Distinct Transactions – Simultaneous Invocation of Sections 406 and 420 IPC Not Mutually Destructive – Petitioner challenged FIR and charge sheet alleging both cheating and criminal breach of trust – Contended that offences under Sections 406 and 420 IPC are mutually destructive when based on a single act – ...

Criminal Law – Permission to Travel Abroad – Right to Personal Liberty under Article 21 – Parameters for Judicial Discretion – Petitioner, facing trial for offences under Sections 420, 406, 409, 467, 468, 471, 474, 120-B, 380, and 34 IPC, sought permission to travel abroad for business purposes – Earlier permissions granted in 2023 and 2024 were duly complied with &nd...

Criminal Law – Sections 302, 376, 394 and 449 IPC - Circumstantial Evidence – Murder, Rape, and Robbery – Conviction Reversed – Appellant convicted for rape, robbery, and murder of 85-year-old woman – Prosecution case based solely on circumstantial evidence – Trial court and High Court convicted appellant based on alleged recovery of gold bangles and testimony o...

Criminal Law – Assault – Acquittal Reversed – Respondents alleged to have assaulted complainant and his wife with broken glass bottle – Trial Court acquitted accused under Section 324/34 IPC holding prosecution evidence unreliable – High Court finds complainant’s testimony consistent and corroborated by medical evidence and arrest memos – Held: Testimony o...

Criminal Law – Unlawful Assembly – Common Object – Murder – Section 149 IPC – Appellants (accused nos. 3, 4, 6) challenged reversal of acquittal and conviction under Sections 302/307 read with 149 IPC – Trial Court had acquitted for want of specific overt act or common object – High Court reversed acquittal on reappraisal of consistent, corroborated ocular...

Criminal Law – Threatening Witness to Give False Evidence – Section 195A IPC – Legislative Intent – Section 195A IPC (introduced by Act 2 of 2006) created a distinct offence of threatening or intimidating a witness to induce false evidence – Classified as a cognizable offence in the First Schedule of CrPC – Unlike Sections 193–196 IPC which are non-cogniza...

Criminal Law – Prevention of Corruption – Demand and Acceptance – Appellant, a Labour Officer, allegedly demanded ₹9,000 bribe and accepted ₹3,000 for license renewal – Trap set by ACB, tainted currency recovered from drawer of appellant's desk – Trial Court acquitted appellant citing inconsistencies in complainant’s account, procedural lapses, negative ...

Criminal Law – Murder Conviction – Acquittal Reversed – Appellant convicted for the murder of her niece-in-law by pouring kerosene and setting her ablaze – Trial court acquitted the appellant due to inconsistencies in three dying declarations – High Court reversed acquittal relying on the first dying declaration made to an independent medical officer (PW-3) supported ...

Criminal Law – Prevention of Corruption – Discharge – Petitioner, a Building Inspector, sought discharge from corruption charges arising from illegal construction of hotel in restricted heritage zone – Prosecution alleged conspiracy with building owner (A-6) and failure to act despite prior complaints – Court held that prima facie evidence including complaints dated 1...