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 – Murder – Conviction Reversed – Appellant convicted under Section 302 read with Section 34 IPC along with three others – FIR stated incident occurred when accused tried to destroy hut of one Jagya, and deceased Ramesh intervened – Alleged eyewitnesses Madho Singh (PW-5) and Puniya (PW-12) gave materially contradictory accounts regarding place and sequenc...

Criminal Law – Culpable Homicide – Sentence – Appellant convicted under Section 304 Part-II IPC for causing death of intervenor S by axe blow to the neck – Trial court sentenced him to 10 years’ RI – High Court reduced sentence to 8 years – Appellant sought further reduction on ground of young age (20 years) and absence of intention – Supreme Court h...

Domestic Violence – Shared Household – Right of Residence – Section 2(s) read with Section 17, PWDV Act – Wife began residing at property owned by her in-laws immediately after marriage – Held: Property qualifies as “shared household” irrespective of ownership – Right of residence under Section 17 not dependent on title – Once aggrieved person ...

Criminal Law – Section 61(2) r/w 318(3), 316(5), and 112 BNS - Paper Leak – Departmental Examination – Economic Offence – CBI Investigation – Bail Granted – Delay in Trial – Procedural Irregularities – Parity with Co-Accused – Accused railway officials and candidates allegedly conspired to leak the CLI departmental examination paper in exchange...

Criminal Law – Framing of Charges – Prima Facie Case – Charges framed against appellant for serious offences arising out of 1984 anti-Sikh riots including murder and conspiracy – Appellant sought discharge claiming statements of key witnesses (PW-1, PW-2, PW-10) were delayed by over 20 years and unreliable – Held: At the stage of framing charges, court need not evalua...

NDPS Act – Bail – Commercial Quantity – Section 37 – Rejection of Bail – 500 grams of Mephedrone recovered from applicant’s conscious possession – Seizure made in presence of panch witnesses after informing accused of rights under Section 50 – Contraband verified and certified by Magistrate under Section 52A – Chemical Analyzer’s report c...

Negotiable Instruments Act – Section 148 – Deposit of Minimum 20% Compensation – Discretion of Appellate Court – Applicants challenged order of First Appellate Court directing deposit of 20% of cheque amount while granting suspension of sentence under Section 389 Cr.P.C. – Contention: requirement not mandatory and could not be imposed after suspension of sentence &nda...

Criminal Law – Foreigners Act – Sentence Modification – Section 14 – Conviction Upheld – Sentence Reduced – Appellant convicted under Section 14 of the Foreigners Act, 1946 for rendering assistance to a Pakistani national accused of illegal stay – Trial Court sentenced him to two years’ rigorous imprisonment with fine – Appellant did not challe...

Dowry Death – Section 304B IPC – Essential Ingredients – Deceased died due to burns within 7 years of marriage – Consistent statements by PW-1 (father), PW-2 (mother), and DW-3 (sister of deceased) established harassment and dowry demand for Rs. 5,000 and items like TV and fridge – Held: Prosecution established that cruelty occurred “soon before her death”...

Criminal Procedure – Cognizance by Magistrate – Section 190(1)(b) CrPC – Magistrate competent to take cognizance of offence even if police in final report exonerates accused – Magistrate not bound by conclusions of investigating agency – Magistrate applied independent judicial mind and took cognizance against petitioner – Held: Magistrate acted within jurisdicti...