Omission Of Dispossession Date In Plaint Not Sufficient Ground For Rejection Under Order VII Rule 11 CPC: Telangana High Court SEBI Regulations Are Consequence-Neutral; Investor Profit No Defense For Regulatory Breach: Supreme Court Dismisses Kotak AMC’s Appeal SEBI Regulations Are Consequence-Neutral; Investor Profit No Defense For Regulatory Breach: Supreme Court Dismisses Kotak AMC’s Appeal State Can Enhance Mining Royalty & Dead Rent Even If Lease Deed Doesn't Expressly Provide For It: Supreme Court Suspension Of Fixed-Term Sentence Should Be Considered Liberally Unless Exceptional Circumstances Exist: Supreme Court Courts Cannot Substitute Their Opinion Over Experts For Land Selection In Public Projects Like Metro Rail: Supreme Court Landowner Who Fails To Pursue Objections Before Collector Cannot Later Allege Violation Of Right To Hearing Under Section 5A Land Acquisition Act: Supreme Court Defendant Cannot Lead Independent Evidence If Right To File Written Statement Is Closed: Allahabad High Court Bank Can Exercise General Lien Over Gold Ornaments To Recover Dues Of Another Loan If Authorized In Pledge Form: Andhra Pradesh High Court Suit For Restoration Of Possession Under Section 6 Specific Relief Act Does Not Fall Under Exclusive Jurisdiction Of Small Causes Court: Bombay HC 138 NI Act | Explaining Wrong Cheque Details During Plea Recording Under Section 251 CrPC Is A Structural Defect Vitiating Trial: Calcutta High Court Doctor Cannot Outrage Woman's Modesty Under Garb Of Medical Check-Up: Gauhati High Court Upholds Conviction Under Section 354 IPC Electricity Company Cannot Escape Liability For Electrocution By Pleading Victim's Negligence; 'Absolute Liability' Applies: Gujarat High Court Suit Based On Title Can Be Filed At Any Stage If Defendant Fails To Prove Adverse Possession: Himachal Pradesh High Court

"CRIMINAL LAW" Digest

Matrimonial Law - Maintenance pendente lite – Section 24 HMA – Non-earning wife residing at parental home – Absence of ITRs and expense bills – Effect of Rajnesh guidelines – Prior MoU cannot override statutory right – Interim maintenance upheld – Appeal dismissed [Paras 16–25].   Maintenance – Pendente Lite – Section 24 HMA &n...

Criminal Law – Quashing of Proceedings – Section 482 CrPC – Public Servant – Abuse of Position – Petitioner, a former Tahsildar, accused of illegally and hastily converting forest land for industrial use without due compliance of rules and forest clearance – Allegations supported by official enquiry and statements under Section 161 CrPC – Held: No mala fid...

Criminal Law – Bail – Criminal Breach of Trust and Cheating – Distinction Between Offences – Misappropriation of Government Funds – BNS, 2023 – Petitioner, a 63-year-old retired Superintendent from the Forest Department, was arrested for misappropriating ₹19.25 lakhs through unknown accounts – Final charge sheet filed but not yet numbered – Petitio...

Criminal Law – Quashing of Proceedings – Cognizance Order – Appellant not named in FIR alleging fraudulent transfer of agricultural land allotted in 1997 – Cognizance/summoning order passed mechanically without specific role or prima facie material – Held: Cognizance order dated 20.03.2023 suffers from non-application of mind and is liable to be quashed [Paras 20, 22,...

Criminal Law – Bail – NDPS Act – Arms Act – Wildlife Offences – Grant of Bail in Multi-offence FIR – Prolonged Custody – Petitioners Rinku Thapar and Divyam arrested in connection with FIR alleging recovery of drug money, arms, wildlife articles, and narcotics – Petitioners in custody for over one year and two months – Charges framed, but trial...

Criminal Law - Sections 8(c), 21, 25, 27-A, 28 and 29 NDPS Act – Appeal Against Acquittal – Scope of Interference – Presumption of Innocence – Trial Court Acquittal – Held: Appellate court can interfere only if findings are perverse or based on misreading of evidence – Where trial court view is a possible and plausible view, acquittal cannot be reversed merely b...

Criminal Law – Appeal Against Conviction - Robbery – Contradictions in Prosecution Evidence – Benefit of Doubt – Conviction Set Aside – Acquittal -Appellants convicted for robbery under Sections 395/34 IPC challenged conviction citing discrepancies in witness testimonies regarding place, time of arrest, and recovery of stolen items – Court found material contrad...

Criminal Law – Acid Attack – Conviction under Sections 326/34 and 304/34 IPC – Appeals against conviction – FIR held ante-timed – Effect of ante-timing – FIR shown to be registered at 6:30 a.m. but evidence established that informant returned from Delhi only around 7:45 a.m. and FIR was lodged after consultation around 9:00 a.m. – Held: FIR clearly ante-ti...

Criminal Law – Murder – Section 302 IPC – Homicidal Death – The deceased was found in a half-naked condition with multiple injuries including head and brain injuries, abrasions, and nail marks – Post-mortem report and medical officer's testimony confirmed ante-mortem injuries and cause of death due to head and brain injury – The Court found the homicidal nat...

Criminal Law – Discharge – Magistrate’s Jurisdiction – Re-investigation – Magistrate discharged the accused petitioner after considering the police report which exonerated him – Simultaneously directed re-investigation without request or leave under Section 173(8) CrPC – Held: Magistrate became functus officio after discharge and lacked authority to order ...