Auction Purchaser Has No Vested Right Without Sale Confirmation: Calcutta HC Upholds Borrower’s Redemption Right Under Pre-Amendment SARFAESI Law 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 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 Signature Alone Doesn’t Prove Debt: Kerala High Court Upholds Acquittal in Cheque Bounce Case, Rejects Blanket Presumption Under Section 139 NI Act Justice Cannot Be Left to Guesswork: Supreme Court Mandates Structured Judgments in Criminal Trials Across India Truth Must Be Proven Beyond Doubt—Not Built On Flawed FIRs, Tainted Witnesses And Investigative Gaps: Supreme Court Acquits Man in POCSO Rape-Murder Case Once parties agree and reconciliation is impossible, a fault-based decree is unnecessary: Supreme Court Sets Aside Divorce on Desertion No Escape from Statutory Ceiling: Exclusive Expenditure by Foreign Head Offices Also Attracts Section 44C Income Tax: Supreme Court Loss Of A Child Cannot Be Calculated In Rupees, But Law Must At Least Offer Dignity In Compensation: Supreme Court Enhances Compensation Sessions Court Cannot Direct Life Imprisonment Till Natural Life Without Remission: Supreme Court Reasserts Limits on Sentencing Powers of Subordinate Courts ‘Continuously Means Without a Single Break’: Supreme Court Bars Expired-and-Renewed Licences From Police Driver Recruitment Chief Justice’s Power Under Section 51(3) Is Independent and Continuing: Supreme Court Upholds Kolhapur Bench Notification Last Seen Evidence Alone Cannot Sustain Conviction: Supreme Court Acquits Accused in Murder Case No Cultivation on Forest Land Without Central Clearance: Supreme Court Cancels Lease Over 134 Acres, Orders Reforestation Appointment from Rank List Must Respect Communal Rotation: SC Declines Claim of SC Waitlisted Candidate After Resignation of Appointee Supreme Court Dissolves 20-Year Estranged Marriage Under Article 142 Despite Wife’s Objection Murder Inside Temple Cannot Be Treated Lightly: Supreme Court Cancels Bail of Father-Son Convicts in Group Killing Case

"CRIMINAL LAW" Digest

Criminal Procedural Law  – Powers of Sessions Court under Section 193 CrPC – Summoning of Additional Accused – Supreme Court upheld the orders of the Sessions Court and High Court summoning the petitioner, not named in the charge-sheet, for trial of offences under Sections 302 and 376 IPC. It was held that upon committal of a case triable exclusively by the Court of Session,...

Bail in GST Offences – Regular Bail under Section 132 of the CGST Act – Right to Speedy Trial – Both petitioners sought regular bail after being accused of forming fake firms and fraudulently availing input tax credit worth Rs. 107 crore under Sections 132(1)(b) and (c) of the CGST Act – Allegation involved creation of 27 bogus entities and issuance of forged GST invoices &...

Criminal Contempt of Court – Sections 2(b), 2(c), 12, 15, 17, and 20 of the Contempt of Courts Act  - Scandalous and Reckless Allegations Against Judiciary – Obstruction of Justice – Advocate Found Guilty of Civil and Criminal Contempt – Sentenced to Imprisonment and Fine – The High Court initiated suo motu contempt proceedings against Advocate Devesh Bhatt, prac...

Territorial Jurisdiction – Dowry Prohibition Offences – Scope of Section 199 BNSS – Complaint Maintainable at Place of Temporary Residence – The Magistrate returned the complaint filed under Sections 3, 4 and 6 of the Dowry Prohibition Act on the ground that the alleged acts occurred at Thiruvalla, not Mavelikkara – Held: Under Section 199 BNSS (analogous to Section 1...

Criminal Law - Appeal Against Conviction – Robbery, Use of Deadly Weapon, and Recovery – Section 394/397/411/34 IPC & Section 25 Arms Act – Conviction Upheld – The appellant challenged his conviction for robbery and allied offences, arguing improper recovery, lack of proof of mobile phone ownership, and misapplication of Section 397 IPC in conjunction with Section 34 &n...

Criminal Law - Cancellation of Bail – Sections 6, 10 and 17 of the POCSO Act - Sections 120B, 323, 328, 354, 354D, 376, 376(C), and 506 of the IPC - Grant of Bail in Serious Offences – Inadequate Reasoning – Order Set Aside – The Supreme Court examined a challenge by the complainant-father of a minor victim to the Delhi High Court's order granting bail to the accused un...

Criminal Law – Revision Against Dismissal of Discharge  - Illegal Emigration – Manipulation of Visa Classification – Prima Facie Case Against Counter Officer – CBI Allegation that the accused knowingly permitted travel of a passenger under manipulated tourist visa originally issued as employment visa – UID and visa number remained same despite label change &ndash...

Criminal Law – Obstruction of Public Servant – Section 186, 353, 333, 34 of the IPC – Conviction Restored – The trial court acquitted the Respondent of charges of obstructing a public servant – Held: Testimony of the Complainant HC Rohtash and eye-witnesses including SHO and QRT staff clearly establish that the Respondent prevented the complainant from discharging his...

Criminal Procedure – Scope of Review – Order 47 Rule 1 CPC – Review Order Set Aside – Division Bench of High Court recorded no ground for review but proceeded to issue investigative directions – Supreme Court held such directions unjustified and beyond review jurisdiction – Held: Review power cannot be used to rehear matter or interfere with investigation withou...

Criminal Law - Suspension of Conviction – Disqualification under Companies Act – Application Dismissed – The appellant was convicted under Sections 120B, 420, and 471 IPC for misrepresentations made before government authorities to secure coal block allocation – He sought stay of conviction to avoid disqualification under Section 196(3)(d) of the Companies Act, 2013 –...