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 Procedure – Right to Speedy Trial – Delay of Over Two Decades – Chargesheet Filed in 1991, Trial Not Commenced Till 2008 – Appellant Faced Investigation and Prosecution for Over 21 Years – Held: Violation of Fundamental Right Under Article 21 – Proceedings Quashed – FIR lodged in 1987, chargesheet filed in 1991 – Appellant facing prosecution...

Criminal Law – Rape – Sentencing – Reduction Below Minimum Without Special Reasons – Held: High Court Erred in Reducing Sentence Without Recording Adequate and Special Reasons as Mandated Under Section 376 IPC – Sentence Enhanced – Trial court convicted respondent under Sections 366 and 376 IPC and sentenced him to 3 and 7 years RI respectively – High Cour...

Criminal Law – Dacoity with Murder – Minimum Number of Participants – Conviction Under Section 396 IPC – Illegal When Fewer Than Five Accused Found Guilty Without Finding of Others’ Participation – Conviction Set Aside – Trial court convicted four out of six accused under Section 396 IPC while acquitting two others without recording any finding that five o...

Section 528 BNSS - Right to Travel Abroad – Article 21 of Constitution – Permission to Study Overseas Granted – The petitioner, a 21-year-old student, sought permission to go abroad for higher studies in Germany but was denied by the trial court on apprehension of absconding – Held: Right to travel abroad is an integral facet of personal liberty under Article 21 – Cou...

  Criminal Law – SC/ST (Prevention of Atrocities) Act, 1989 – Anticipatory Bail – Bar under Section 18 – Applicability to Accused Added under Section 319 CrPC – Jurisdiction of High Court – Respondent added as accused under Section 319 CrPC in case involving offence punishable under Section 3(2)(v) of the 1989 Act – High Court granted anticipatory ...

Criminal Law – Forgery and Cheating – Loan Fraud – Proof of Partnership and Entrustment – Petitioners (A1 and A2) convicted for conspiring with absconding co-accused Sethuraman to obtain Rs.25.95 lakh loan from Central Bank of India by submitting forged mortgage deeds and fake valuation certificates – A1 claimed false implication and absence of proof of partnership &n...

NDPS Act – Suspension of Sentence – Section 389 CrPC / Section 430 BNSS – Commercial Quantity – Appellant convicted for possession of 25.086 kg ganja and sentenced to RI for 10 years with fine of ₹1,00,000 – Application for suspension of sentence during pendency of appeal – Held: Recovery of commercial quantity attracts rigour of Section 37 NDPS Act – Gr...

Criminal Law – Abetment of Suicide – Mens Rea – Adequacy of Sentence – Section 306 IPC – Section 377 Cr.P.C. – State sought enhancement of sentence imposed on accused-husband convicted under Sections 498A and 306 IPC for wife’s self-immolation following repeated quarrels and physical abuse under intoxication – Evidence showed deceased committed suici...

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...