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 Anti-Suit Injunction in Matrimonial Dispute Set Aside: Calcutta High Court Refuses to Stall UK Divorce Proceedings Filed by Wife Res Ipsa Loquitur Not a Substitute for Proof of Negligence: Delhi High Court Affirms Acquittal in Fatal Road Accident Case NSA Detention Doesn’t Bar Framing of Charges If Prima Facie Evidence Exists: Punjab & Haryana High Court Upholds Charges in Ajnala Police Station Violence Case Continued Contractual Service Despite Sanctioned Posts Is Unfair Labour Practice: Orissa High Court Orders Regularization Of ECG Technicians After 15 Years Will Duly Proved Even If Witnesses Forget Details After Eight Years: Madras High Court Validates Bequest, Sets Aside Partition Decree Writ Petition Not Maintainable Where Commercial Appeal Remedy Exists: Karnataka High Court Dismisses Petition, Permits Conversion Under Commercial Courts Act Circumstantial Evidence Must Be Cogent, But Caste-Based Offences Demand Specific Intent: Supreme Court Draws Line Between Heinous Crimes and Caste Atrocities Court Must Step into Testator’s Shoes, Not Substitute His Intent: Supreme Court Upholds Will Excluding One Daughter Production of Arbitration Clause is Enough - Not Conduct Mini-Trials on Capacity or Consortium Structure: Supreme Court Title to Property Must Be Proven by Evidence, Not Just Claimed by Deed: Supreme Court Strikes Down Injunction Order Rejecting Police Investigation Is Not Interlocutory Where It Affects Complainant’s Right to Fair Probe in Murder Case: Madhya Pradesh High Court Restores Revision in 156(3) Application Rejection

"CRIMINAL LAW" Digest

Criminal Law – Conviction under Section 411 IPC – Theft Not Proved – Conviction Unsustainable – Appellant was convicted under Section 411 IPC for allegedly receiving stolen property after helping co-accused dispose of a dead body – However, both appellant and co-accused had been acquitted under Section 379 IPC for theft – Supreme Court held that conviction under...

Criminal Law - Bail – Sections 302, 307, 333, 353 of the IPC - Non-Reasoned Order – High Court’s Grant of Bail Without Recording Reasons – Set Aside – The respondent-accused was granted bail by the High Court in a serious offence involving the murder of a project coordinator and his bodyguard – Supreme Court found that the High Court failed to assign any reasons...

Bail Appeal – Section 14-A(2) SC/ST Act – Appeal Allowed – The appellant challenged rejection of his bail applications in offences under IPC including Section 376, 376D and SC/ST Act – Victim’s statement under Sections 180 and 183 BNSS contained contradictions; no supporting medical evidence; trial yet to commence – Court found that essential ingredients of SC/S...

Criminal Law – Discharge under Section 227 CrPC – Judicial Application of Mind Lacking – Matter Remanded – Petitioner challenged the Sessions Court’s dismissal of his discharge petition without proper reasoning – Court held that prior rejection of a revision challenging cognizance under Section 190 CrPC does not bar a discharge application under Section 227, as ...

Criminal Law - Murder – Circumstantial Evidence – Conviction Upheld – Appeal Dismissed – Appellants convicted under Sections 302, 120B IPC for murdering railway employee Hanuman Rai in his quarter—Prosecution relied entirely on circumstantial evidence: CCTV footage placing accused near crime scene, CDR/SDR data showing last call from accused Mobarak to victim minutes ...

Criminal Law – Conviction for Sexual Offences – Testimony of Victim Not Reliable – Acquittal Ordered – Appellants convicted for offences under Sections 452/354/323/34 IPC for allegedly assaulting and molesting a woman – Trial Court acquitted them under Section 376(D) IPC – High Court found the victim’s testimony riddled with material improvements, inconsis...

Criminal Law - Abetment of Suicide – High Court Quashing of FIR – No Prima Facie Case Made – Dismissal of Appeal – The appellant challenged the High Court’s decision quashing the FIR registered against officials and administrators of Dadra and Nagar Haveli who were named in the suicide note of a seven-time Member of Parliament – The Supreme Court held that the a...

Criminal Law – Quashing of FIR - POCSO Act – Gender Neutrality – Sections 3, 4, 5, 6 POCSO – Held Gender Neutral – The Court held that the POCSO Act, as evident from its objects and reasons (2012 and 2019 amendments), is intended to protect all children (male or female) below 18 years from sexual offences – Section 2(2) POCSO read with Section 8 IPC clarifies th...

Criminal Law - Dowry Demand – Quashing of FIR – Sections 3 & 4 Dowry Prohibition Act – High Court’s Finding of “Vague and Omnibus” Allegations Set Aside – The appellants lodged FIR alleging specific dowry demands by the in-laws of the prospective bridegroom, including Rs. 10 lakh, a vehicle, and cash with articles on tilak ceremony—Marriage negot...

Criminal Law – Section 482 CrPC – Challenge to Dismissal of Petition – Appeal Allowed – The appellant challenged the Rajasthan High Court’s order dismissing her petition under Section 482 CrPC concerning the non-taking of cognizance against her in-laws despite allegations in her Section 164 CrPC statement – The Investigating Officer had filed a chargesheet only ...