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

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...

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 Law – Common Intention – Section 34 IPC – Constructive Liability – Appellants accused of dragging deceased from station platform to Peepal tree where co-accused fired fatal shots – Eyewitnesses (PWs 1, 3, and 4) consistently deposed that accused were armed and acted jointly in furtherance of shared plan – Held: Active participation in commission of offe...

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...

Criminal Law – Kidnapping – Rape – Unnatural Offences – Conviction Restored – Appellant took 15-year-old minor to another city and subjected her to forcible sexual and anal intercourse – Trial Court acquitted appellant – High Court reversed acquittal and convicted under Sections 363, 366, 376, and 377 IPC – Held: As victim was a minor, her consent is...

Negotiable Instruments Act – Section 138 – Legally Enforceable Debt – Time-barred loan – Cheques issued in 2009 for loan and presented in 2013 – Dishonoured for “insufficient funds” – Appellate court held loan time-barred and acquitted accused – Held: Under Section 25(3) of Indian Contract Act, cheque itself constitutes written promise to pay a...

Criminal Law – Rash and Negligent Driving – Ingredients of Offence under Section 304-A IPC – Respondent accused of driving a Gramin Sewa van rashly and negligently, resulting in the death of two scooter riders and injury to a child – Prosecution relied primarily on testimony of sole eyewitness (PW1) – PW1’s statements contradictory regarding position of vehicles...

Criminal Law – Quashing of Proceedings – Scope of Interference under Section 482 CrPC – High Court’s “Mini Trial” Deprecated – High Court quashed complaint alleging fabrication of caste certificate by holding that accused acted out of “legal illiteracy” and no criminality was made out – Supreme Court held such findings conjectural and imp...

Criminal Law – Murder and Dowry Death – Circumstantial Evidence – False Defence – Conviction Restored – Deceased Pushpa found dead inside matrimonial home – Accused (father-in-law) lodged false report alleging electrocution – Medical evidence proved death by strangulation; burn injuries were post-mortem – Supreme Court held that the High Court erred ...

Criminal Law – Kidnapping and Rape of Minor – POCSO – SC/ST Act s.3(2)(v) – Conviction Upheld – Victim’s testimony held trustworthy and consistent with statement under Section 164 CrPC – Her version that accused took her to forest and forcibly committed intercourse found reliable – Minor contradictions and omissions immaterial – Age proved thro...