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 Limitation Period Starts From Date Of Knowledge Of Document, Not From When Certified Copy Is Obtained: Madras High Court Mere Mass Transfer Of Officers By Election Commission Does Not Paralyse State Machinery: Calcutta High Court Dismisses PIL Right To Appeal Under Senior Citizens Act Belongs Exclusively To Parents, Children Cannot File Appeal: Orissa High Court Acquittal Cannot Survive When Overt Acts Are Clearly Proved: Madras High Court Convicts Two Accused in Village Clash Killing

"CRIMINAL LAW" Digest

Criminal Law – Conviction Based on Extra-Judicial Confession and Circumstantial Evidence – Acquittal Ordered – The appellant was convicted under Sections 302 and 201 IPC for the alleged murder of his parents based on extra-judicial confessions and recoveries made at his instance – The High Court found that the alleged confessions were made in the presence of police and were...

Criminal Law – Rash and Negligent Driving – Appeal Against Acquittal – Respondent accused of driving a tanker rashly and hitting a cyclist who died on the spot – Eyewitness accounts (PW5 and PW6) found inconsistent, contradictory, and uncorroborated by physical evidence – No mechanical inspection of the cycle conducted – Tanker inspection showed no fresh damage ...

Criminal Law – Religious Conversion – Quashing of FIR – Allegations of mass religious conversions of over 100 persons across 37 Hindu families to Islam through allurement, foreign funding, promises of jobs and housing – FIR registered under multiple sections of IPC, Gujarat Freedom of Religion Act, IT Act and SC/ST Act – Petitioners argued that conversions were volunt...

Criminal Law - Rape – Appeal Against Acquittal – Standard of Review – No Interference – State challenged acquittal in rape case – Held: Acquittal grants double presumption of innocence – Unless findings are perverse, Appellate Court must refrain from interfering – Trial Court’s view was plausible and based on appreciation of evidence – Appeal d...

Criminal Law – Rape and Murder of Minor – Circumstantial Evidence – Appellant convicted for kidnapping, rape and brutal murder of a two-year-old child – Recovery of stolen jewellery and frock of the victim under Section 27 Evidence Act – Presence of accused in locality admitted by defence – Medical evidence confirming sexual assault and death by smothering and d...

Criminal Law – Section 498A IPC – Quashing of Proceedings – Absence of Statutory Ingredients – Held: FIR and charge sheet alleged non-cohabitation and emotional neglect after marriage – No allegation of conduct likely to cause suicide or grave injury – No harassment for unlawful demand made out – Allegations insufficient to constitute cruelty under either ...

Criminal Law - Corruption – Illegal Gratification – Sections 7 and 13(1)(d) r/w Section 13(2), Prevention of Corruption Act, 1988 – Demand Not Proved – Appellant, a clerk in RTO office, allegedly demanded Rs. 25 for issuing driving licence – Trap arranged but complainant not examined during trial – No explanation by Investigating Officer for complainant’s ...

Criminal Law – NDPS Offence – Conscious Possession – Meaning and Scope – Conviction under Section 15 NDPS Act requires proof of conscious possession – Possession implies control with awareness of its nature – Once possession established, burden shifts to accused under Sections 35 and 54 NDPS Act to explain innocence – However, failure to question accused o...

Criminal Law – Conspiracy – Essential Ingredients – Agreement between two or more persons to commit an illegal act or legal act by illegal means is sine qua non – Mere suspicion, knowledge, or discussion not sufficient – Conviction under Section 302 read with 120B IPC cannot be sustained when co-accused were not charged under Section 120B – Offence of conspiracy...

Criminal Law - Preventive Detention – Validity of Ordinance – Section 88, Government of India Act – Detention Orders Upheld – The appellants challenged their detention under Ordinance IV of 1949, alleging lack of Governor’s competence under Section 88 and repugnancy with existing laws – Held: Satisfaction of the Governor under Section 88(1) is subjective and not...