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 Section 13 of Gambling Act Is Cognizable — Magistrate Can Take Cognizance on Police Report: Allahabad High Court Clarifies Surveyor’s Report Not Sacrosanct, Arbitral Tribunal Has Jurisdiction to Apply Mind Independently: Bombay High Court Dismisses Insurer’s Challenge to Award in Fire Damage Dispute 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 Conviction Cannot Rest On Contradictions, Hostility And Conjecture: Supreme Court Acquits Seven Accused In 2010 Village Murder Power to Lower NEET Percentile Lies Only With Centre - States Can’t Dilute NEET by Administrative Letters: Supreme Court Imposed 10 Crore Cost On Private Dental College Identification Without TIP, Electronic Records Without 65B Certificate – Conviction Set Aside: Patna High Court Nothing Inflicts A Deeper Wound On Our Constitutional Culture Than A State Official Running Berserk Regardless Of Human Rights: Jharkhand High Court Orders ₹1.5 Lakh Interim Compensation Identification Vitiated, Diamonds Not Produced, Last Seen Theory Unreliable: Bombay High Court Acquits Two in 2011 Diamond Courier Murder Dishonour Due to ‘Account Blocked’ Not Attributable to Drawer—No Offence Under Section 138 NI Act: Delhi High Court Quashes Criminal Proceedings Presumption Under Section 139 NI Act Cannot Be Rebutted By Mere Assertions: Delhi High Court Affirms Conviction In 32-Year-Old Cheque Bounce Case Accused Cannot Demand Documents During Investigation Merely to Assist in Answering Queries: Delhi High Court Upholds Dismissal of S.91 CrPC Plea in Bank Fraud Probe Once a Person is a Major, They Are Free to Choose Their Partner – Absence of Marriage No Ground To Deny Protection: Allahabad High Court Connivance Can’t Be Washed Away by Exoneration: P&H High Court Upholds Penalty on Forest Guard Despite Enquiry Clean Chit Disciplinary Authority Cannot Override Enquiry Officer’s Clean Chit Without Hearing the Employee: Madhya Pradesh High Court Remands Termination for Procedural Lapse Appointment Secured by Misstating Marks Is Void Ab Initio; Human Error No Excuse Where Advantage Gained: Allahabad High Court Appeal Maintainable Despite Modified MACT Award — Kerala High Court Clarifies Scope of Appellate Review in Motor Accident Claims Signature Alone Doesn’t Prove Debt: Kerala High Court Upholds Acquittal in Cheque Bounce Case, Rejects Blanket Presumption Under Section 139 NI Act

"CRIMINAL LAW" Digest

Criminal Law - Prevention of Corruption – Demand and Acceptance – Conviction and Sentence – Sections 7 & 13(1)(d) r/w 13(2) of the Prevention of Corruption Act – Appeal Partly Allowed – A-1 (Village Administrative Officer) convicted for demanding and directing acceptance of ₹500/- bribe for issuing community certificate; A-2 (Village Assistant) convicted for acc...

Criminal Law - Sentence – Life Imprisonment Fixed Term – Section 302 IPC – Sentence Complete – Release Mandated – The appellant was sentenced by the Delhi High Court to life imprisonment which was fixed at 20 years of actual incarceration without consideration of remission, affirmed by the Supreme Court – He completed 20 years of actual imprisonment on 09.03.202...

Constitutional Law – Gender Discrimination – Recruitment in JAG Branch of Indian Army – Notification under Section 12 of the Army Act, 1950 permits induction of women into JAG branch – Petitioners, more meritorious female candidates (Ranks 4 and 5 in female list with 477 & 447 marks) denied selection in favour of less meritorious male candidate (Rank 3 in male list with...

Criminal Law  – Acquittal in Dowry Harassment and Abetment to Suicide Case – Sections 498A & 306 IPC – Appeal Allowed – Appellants (husband and co-accused) acquitted by trial court in case involving death of wife due to burns allegedly caused by gas leak – High Court, in revision by complainant, set aside acquittal and remitted case for fresh consideration ci...

Criminal Law - Section 482 Cr.P.C. – Quashing of Summoning Order in prosecution under FSS Act – Dismissed – Petitioners, including Gujarat Cooperative Milk Marketing Federation Ltd., its nominees, Banaskantha District Co-op. Milk Producers’ Union Ltd., and CP Wholesale India Pvt. Ltd., sought quashing of summoning order dated 18.01.2021 in complaint for alleged sale of unsa...

Criminal Proceedings – Quashing of FIR – Section 482 CrPC – FIR registered for offences under Sections 120B, 406, 420, 447, 468, 471, 506 read with 34 IPC – Allegations related to a property dispute where complainant claimed to be owner and accused allegedly trespassed and attempted to alienate property – Petitioner argued dispute purely civil in nature and continuati...

Maintenance Claim – Second Marriage with Deceased Husband’s Brother – Section 125 Cr.P.C. – Dismissal Set Aside – Revision Allowed – Trial court dismissed maintenance claim of widow and her two minor children on ground that her marriage with deceased husband’s brother (respondent) was not proved – Departmental inquiry in police service found responde...

Criminal Law - Sexual Assault on Minor by Father – POCSO Act S. 6 & IPC Sect. 506 – Concurrent Conviction Upheld – Petitioner convicted for repeatedly committing aggravated penetrative sexual assault on his 10-year-old daughter—Trial Court relied on clear, cogent victim testimony corroborated by elder sister, medical and forensic evidence including DNA match—High ...

Criminal Law – Appeal Against Conviction – Sections 307, 225, 186, 332, 353 & 120B IPC – Appeal Dismissed – Undertrial escorted by PW.1 & PW.2 was shifted, at appellant (Assistant Superintendent, Central Jail) instance, into a private Qualis with unknown men; near village stop on appellant’s pretext, chilli powder thrown and knife/kirpan used; attempt to free ...

Anticipatory Bail – Complaint Case – Issuance of Summons – Section 482 BNSS – Application Not Maintainable – The applicant sought anticipatory bail in a complaint case alleging a non-bailable offence on the ground that summons had been issued against him – The Court examined the scope of Section 482 BNSS (corresponding to Section 438 Cr.P.C.), the meaning of &ld...