Auction Purchaser Has No Vested Right Without Sale Confirmation: Calcutta HC Upholds Borrower’s Redemption Right Under Pre-Amendment SARFAESI Law Mere Breach of Promise to Marry Doesn’t Amount to Rape: Delhi High Court Acquits Man in False Rape Case Father Is the Natural Guardian After Mother’s Death, Mere Technicalities Cannot Override Welfare of Child: Orissa High Court Restores Custody to Biological Father Assets of Wife and Father-in-Law Can Be Considered in Disproportionate Assets Case Against Public Servant: Kerala High Court Refuses Discharge 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 Law – Quashing – Section 419, 420, 467,468,471 of the IPC - Criminal Complaint – Allegation of Forged Will – Quashing Justified – Civil Dispute Given Criminal Colour – Appellants, daughters-in-law of the deceased, inherited estate via a will dated 23.12.1993 – Sale deed was executed by one son after the testator’s death – Complainant f...

Section 138 of the NI Act - Cheque Dishonour Case – Statutory Presumptions under Sections 118(a) and 139 NI Act – Acquittal Upheld – The complainant advanced a loan of ₹10,00,000/- to Respondent No. 2 who issued a post-dated cheque which was dishonoured for insufficient funds – The trial court acquitted Respondent No. 2 on the ground that he had raised a probable defence ...

Criminal Law - Appeal challenging conviction - False Implication in Sexual Offence – Conviction Based on Unreliable Testimony – Section 376(3) IPC and Section 3/4 of POCSO Act – Conviction Reversed – The appellant, a 45-year-old man, was convicted under IPC and POCSO for allegedly raping his minor cousin – The FIR and victim’s statements were riddled with incons...

Criminal Law - Anticipatory Bail – Sections 351(2), 79, 3(5), 70 of the BNS - Serious Allegations of Sexual Offence – Bail Granted – The petitioner sought anticipatory bail in a case involving allegations of gang rape, assault, and robbery arising from alleged retaliation after employment termination – The Court observed substantial contradictions in the complainant’s...

Criminal Law - Murder  – Circumstantial Evidence – Section 302 IPC – Conviction and Death Sentence Set Aside – The appellants were sentenced to death by trial court on the basis of circumstantial evidence including alleged last seen theory, recovery of bloodstained articles, and statement of one accused under Section 164 CrPC – Held: Prosecution failed to establi...

Criminal Law – Quashing of FIR – Fraudulent Land Transaction – Quashing Rejected – Accused Nos. 1 and 2 sought quashing of FIR registered under Sections 419, 420, 465, 467, 468, 471, 34 IPC – Allegations indicated creation of forged death certificates, fake Aadhar identity, manipulation of land records, and sale of land belonging to a deceased person’s heirs &nd...

Criminal Revision – Conviction under Sections 506(i) and 353 IPC – Sentence Reduced – The petitioner, a shop owner, was convicted by the trial court for obstructing and intimidating a Food Inspector (PW4) while discharging official duties and was sentenced to rigorous imprisonment for six months under both Sections 506(i) and 353 IPC along with fines – The conviction was up...

Criminal Law - Quashing of Fir and Proceedings – Section 498A IPC – Vague and General Allegations Against Husband’s Relatives – Proceedings Quashed – Petitioners, relatives-in-law residing separately, challenged FIR and charge-sheet under Section 498A IPC – Allegations against them found to be vague, omnibus, without specific details of cruelty or harassment &nd...

Criminal Law - Rape – Mentally Retarded Victim – Conviction Confirmed – Appellant convicted under Section 376(2)(j)(i) IPC for rape of mentally challenged girl aged around 18–20 years, who had the mental capacity of a 4-year-old – Conviction based on direct eyewitness account (P.W.1 – aunt), corroborated by medical evidence and testimony of special educators and...

Criminal Law - Interim Bail – Appeal for Extended Duration – Modified for Travel – Appellant accused of grave offences under UAPA and IPC sought interim bail to attend his daughter’s marriage – Trial Court had limited the bail only to the event hours on 26th and 27th July – Held: Given distance from Chennai to Bengaluru, and humanitarian nature of the request, i...