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 Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 License Fee on Hoardings is Regulatory, Not Tax; GST Does Not Bar Municipal Levy: Bombay High Court Filing Forged Bank Statement to Mislead Court in Maintenance Case Is Prima Facie Offence Under Section 466 IPC: Allahabad High Court Upholds Summoning Continued Cruelty and Concealment of Infertility Justify Divorce: Chhattisgarh High Court Upholds Divorce Disguising Punishment as Simplicity Is Abuse of Power: Delhi High Court Quashes Dismissals of Civil Defence Volunteers for Being Stigmatic, Not Simpliciter 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 Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC Sole Testimony of Prosecutrix, If Credible, Is Enough to Convict: Delhi High Court Upholds Rape Conviction Cheque Issued as Security Still Attracts Section 138 NI Act If Liability Exists on Date of Presentation: Himachal Pradesh High Court After Admitting Lease, Defendant Cannot Turn Around and Call It Forged—Contradictory Stand at Advanced Trial Stage Impermissible: Punjab & Haryana High Court Dismisses Revision Against Rejection of Amendment Plea Dismissed Employee Has No Right to Leave Encashment Under Statutory Rules: Punjab and Haryana High Court Section 13 of Gambling Act Is Cognizable — Magistrate Can Take Cognizance on Police Report: Allahabad High Court Clarifies Surveyor’s Report Not Sacrosanct, Arbitral Tribunal Has Jurisdiction to Apply Mind Independently: Bombay High Court Dismisses Insurer’s Challenge to Award in Fire Damage Dispute Auction Purchaser Has No Vested Right Without Sale Confirmation: Calcutta HC Upholds Borrower’s Redemption Right Under Pre-Amendment SARFAESI Law Mere Breach of Promise to Marry Doesn’t Amount to Rape: Delhi High Court Acquits Man in False Rape Case Father Is the Natural Guardian After Mother’s Death, Mere Technicalities Cannot Override Welfare of Child: Orissa High Court Restores Custody to Biological Father Assets of Wife and Father-in-Law Can Be Considered in Disproportionate Assets Case Against Public Servant: Kerala High Court Refuses Discharge

"CRIMINAL LAW" Digest

Criminal Revision – Maintainability Without Surrender – Permissible – Petitioner convicted under Section 420 IPC and sentenced to 3 years RI challenged concurrent findings of guilt without surrendering – Held: In absence of specific High Court Rule mandating surrender, revision petition and application for suspension of sentence are maintainable even if convict has not surr...

Criminal Law - Dowry Harassment – Appeal Against Conviction under Section 498-A IPC – Reversed – The appellant, mother-in-law of the deceased, was convicted under Section 498-A IPC while co-accused (father-in-law and brother-in-law) were acquitted – Held: Conviction based solely on vague and uncorroborated testimony of interested witnesses (mother and brother of deceased) w...

Maintainability of Appeals – Jurisdiction of High Court under Land Grabbing Act – Special Courts Abolished – Appeals Not Maintainable - The batch of Land Grabbing Appeals challenged various orders of Special Tribunals constituted under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 – The issue arose whether appeals originally maintainable before the Special Court ...

PIL - Constitutional Validity – Section 193(9) BNSS and Default Bail under Section 187(3) – Provision Upheld – Challenge rejected to Section 193(9) BNSS, 2023 as arbitrary and violative of Article 21 – Held: Provision allows further investigation post charge-sheet with court permission; safeguards including 90-day limit and judicial oversight provided – No violation o...

NDPS Act – Confiscation of Vehicle – Death of Accused – Trial Abated – Confiscation Not Sustainable – Vehicle seized in connection with possession of opium – Accused died during trial and proceedings abated – Held: Since trial never took place and there was no conviction, acquittal, or discharge, confiscation under Section 60(3) read with Section 63 NDPS A...

Quashing - Criminal Complaint – Section 18(a)(i), 17B, and 27(d) of the Drugs and Cosmetics Act  - Conflicting Drug Test Reports – Section 482 Cr.P.C. – Complaint Quashed – The Petitioners, including a pharmaceutical company and its directors, challenged the continuation of prosecution on the basis of a Government Analyst's report (CIPL, Ghaziabad) declaring their ...

Criminal Law - Bail Cancellation – Sections 143, 147, 148, 120(B), 201, 302 Of IPC - Threat to Witnesses – Interference with Trial – Bail Cancelled – The prosecution sought cancellation of bail on grounds that Accused No.9 threatened PW.10 (approver), PW.30, and PW.40 – The Court accepted that there was prima facie evidence of threats, based on call records, witness e...

Bail – SC/ST Act – Deprived Scheduled Caste Accused – Applicability of Act in Question - Appellant sought bail contending he also belonged to Scheduled Caste and was not individually attributed with caste-based insult – Held: Appellant belongs to Khatik caste (notified as Deprived Scheduled Caste), and no specific role or caste abuse attributed to him – Applicability ...

Criminal Law – Quashing - Income Tax – Section 276C(1) of the IT Act – Complaint quashed – Settlement Commission granted immunity from penalty but not prosecution due to pendency of criminal proceedings – Held: In absence of wilful concealment and considering that the Settlement Commission accepted disclosure without suppression, prosecution cannot be sustained &ndash...

Criminal Law – Quashing of FIR – Section 420 IPC – Prima Facie Allegations Established – Petition Dismissed – Petitioner, formerly Credit Manager with a finance company, challenged FIR alleging fraudulent loan sanction for a slum property – FIR detailed petitioner’s active role in approval process, despite knowing that loan violated internal norms – ...