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 – Common Object – Section 149 IPC – Unlawful Assembly – Murder – Land Dispute – Appellants armed with sticks and axes assaulted members of the complainant’s family in connection with a long-standing land dispute – Sukh Lal chased and fatally beaten by multiple assailants – Prosecution proved that the accused formed an unlawful asse...

Criminal Law – Murder – Dying Declarations – Acquittal – Deceased Sarla suffered 90% burns in her matrimonial home – Three dying declarations recorded – In first two statements (Exh. D-3 and Exh. P-3), deceased stated she sustained injuries accidentally while cooking – In third dying declaration (Exh. P-18), recorded three days later by Executive Magistrat...

Constitutional Law – Freedom of Speech – Sedition – Sections 124A & 505 IPC – Validity upheld – Challenge to constitutionality of Sections 124A and 505 IPC on the ground that they violate Article 19(1)(a) – Held: The provisions, when read in light of Article 19(2), are valid – The restrictions imposed are “in the interests of public order” ...

Criminal Law – Murder – Exception 4 to Section 300 IPC – Applicability – Appellant convicted for murdering deceased Kaluram by inflicting a knife blow on his chest – defence plea that incident occurred in a sudden fight without premeditation and hence case fell under Exception 4 to Section 300 IPC – Held: Exception 4 applies only when death is caused (a) without...

Criminal Law – Rape – Conviction – Minor Victim – Intact Hymen – Slightest Penetration is Sufficient – Appellant found committing rape on 12-year-old prosecutrix in bushes by police officer (P.W.3) – Prosecutrix, though initially declared hostile, gave consistent account corroborated by FIR, medical history (Exh. P-9), and eyewitness testimony – Medi...

Criminal Law – Appeal against Acquittal – Interference by Appellate Court – Principles Restated – Trial court acquitted the appellant on finding that prosecution failed to prove identity, recovery, and weapon connection – High Court reversed acquittal after 24 years and convicted under Sections 304 Part-II, 307, 324 IPC and Section 25 Arms Act – Held, unless the...

Criminal Law – Bombay Prohibition Act – Proof of Alcohol Consumption – Admissibility of Chemical Examiner’s Report – Compliance with Section 129A Not Mandatory – Appellant's blood sample collected in hospital outside police investigation and later examined by Chemical Analyst – Held (Majority): Section 129A does not exclusively govern all blood tests f...

Juvenile Justice – Claim of Juvenility – Section 7A of the Juvenile Justice Act – Appellant convicted under Section 302/149 IPC and sentenced to life imprisonment – Plea raised for the first time before the Supreme Court that the appellant was below 18 years of age on the date of offence (28.08.2002) – Held: In view of the proviso to Section 7A(1), claim of juvenility...

Cognizance – Closure report – Magistrate relying on complainant’s statement and affidavit – Error in law – Matter should have been treated as complaint under s.190(1)(a) CrPC – Impugned order set aside; liberty to proceed under Chapter XV CrPC [Paras 12-16, 23-24]. Cognizance – Scope of Magistrate’s power – Magistrate not bound by investigat...

Criminal Law - Quashing of Criminal Proceedings – Civil Dispute Cloaked as Criminal Offence – Sections 406, 420 IPC – Quashment Allowed – Petitioners (OYO and its Directors) challenged proceedings initiated by the complainant alleging cheating, breach of trust and conspiracy regarding hotel management agreements – The dispute pertained to contractual breaches, revenue...