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 – Cognizance – Omnibus Allegations – Appellants Nos.2 to 6 (family members of husband) challenged cognizance order passed by the SC/ST Special Court for offences under IPC, Dowry Prohibition Act and SC/ST Act – No specific allegations made against them except general claims of instigation and caste-based remarks – Held: Continuation of proceedings against...

Criminal Procedure – Section 528 BNSS – FIR No. 281/2007 (IPC 323/341/506/34) – Police cancellation prepared in 2007/2009 but not filed – Final report filed and accepted on 22.08.2025 post-petition – Court deprecates 15-year delay; imposes ₹1,00,000 costs (₹25,000 to petitioner; ₹75,000 to Punjab SLSA-DRF); directions for departmental action, compliance affidavi...

Criminal Law – Gang Rape – Acquittal – Appellants convicted for gang rape and murder of a college student who was set ablaze – Medical evidence confirmed genital injuries but no proof that intercourse was against her will or without consent – Dying declaration did not mention rape – Held: Prosecution failed to prove charge of gang rape beyond reasonable doubt &n...

Criminal Law – Cheating & Breach of Trust – Settlement through MOU – Complainant alleged misuse of signatures and cheating of ₹4 crores – FIR 355/2008 registered – During investigation, parties entered into MOU (14.06.2008) where petitioners paid ₹5 crores in full and final settlement, both agreed to withdraw civil/criminal cases – Once complainant accep...

Criminal Law – Dishonour of Cheque – Section 138 N.I. Act – Acquittal – Complainant alleged that accused issued cheque for ₹50,000/- in discharge of a debt – Cheque dishonoured for insufficiency of funds – Trial court acquitted accused holding presumption under Section 139 stood rebutted – On appeal, High Court found that the accused successfully raised ...

NDPS Act – Regular Bail – Intermediate Quantity – Petitioners (aged 23 and 27) found in possession of 249 grams of charas while travelling in a private vehicle – Held: Possession was prima facie conscious under Section 20 and presumptions under Sections 35 and 54 of NDPS Act apply – Petitioners failed to rebut presumption of conscious possession [Paras 11–12]. ...

Transfer of Criminal Case – Allegation of Bias – Application for transfer based on dissatisfaction with trial court’s order rejecting recall of witness under Section 311 CrPC – Allegation of unjustified and discriminatory conduct – Held: Mere dissatisfaction with judicial order cannot be grounds for transfer – Apprehension of bias must be reasonable, not imagina...

Criminal Law – Quashing of Proceedings of NDPS – Section 482 CrPC – Accused Named Only in Co-accused Statement – No Recovery – Delay of 14 Years – Proceedings Quashed – Petitioner implicated in Jalangi P.S. Case No.308/2010 based solely on confession of co-accused; no recovery made from him, no evidence collected despite warrant issued in 2010 – Poli...

Criminal Law – Gangsters Act – Proceedings Based on Acquitted Base Case – Applicant sought quashing of proceedings under Section 3(1) of the Gangsters Act based on a solitary FIR in which he was later acquitted – Held: Once the accused is acquitted in the base case forming the foundation of gang chart, continuation of prosecution under the Gangsters Act becomes unsustainabl...

Criminal Law – Rape – Quashing on Settlement – Gang Rape and Abduction – Petitioners accused of abducting and repeatedly raping the de facto complainant under threat and confinement – Despite affidavit of compromise by victim, High Court refused to quash proceedings – Held: Offences of rape, especially gang rape, are crimes against society, not merely private wr...