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 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...

Criminal Law – Conviction Under Section 324 IPC – Property Dispute Between Brothers – Conviction Set Aside – The appellant was convicted under Section 324 IPC by the Sessions Court while acquitting him under Sections 448/326/307 IPC based on the same evidence – The High Court found the conviction unsustainable as prosecution failed to prove assault by dangerous weapon...

Quashing of FIR – Abuse of Process – Prior Administrative Enquiry – Proceedings Quashed - The appellants, including two national-level badminton players and their parents and coach, sought quashing of criminal proceedings initiated on allegations of birth certificate falsification for sports selection – FIR was based on a private complaint relying on a 1996 GPF nomination f...

Criminal Law - Successive Bail Petition – Maintainability Before High Court After Earlier Rejections – Concurrent Jurisdiction – Petition Dismissed – The petitioner, accused of grave offences including sexual assault, sought bail under Section 439 Cr.P.C. despite prior dismissal by Sessions Court, High Court, and Supreme Court – Held: Though Sessions Court and High Co...

Criminal Law – Quashing of FIR – Section 156(3) Cr.P.C. – Quashing Denied – Petitioners sought quashing of FIR No. 380/2005 alleging inducement and breach of MoU by respondents – Magistrate ordered registration of FIR without prior complaint to police – High Court declined to quash FIR noting completion of investigation and filing of chargesheet – Supreme ...

Cheque Bounce - Section 138 of the Negotiable Instruments Act – Legally Enforceable Debt – Cash Transaction Above ₹20,000 – Conviction Set Aside – The accused was convicted for issuing a dishonoured cheque for ₹9,00,000 allegedly towards discharge of a debt – The defence contended that the debt was created through a cash transaction in violation of Section 269SS o...

Criminal Law - CBI Investigation – Transfer of Probe – Section 174 CrPC & Sections 302, 304 IPC – Investigation Transferred to CBI – Appellant's daughter died under suspicious circumstances in a coaching-related hostel – Allegations of institutional apathy, medical negligence, conflicting CCTV evidence and suppressed forensic records – Local investigatio...

Criminal Law - Acquittal of Accused – Allegations of Sexual Assault under Section 8 POCSO Act and Sections 451, 506 IPC – Acquittal Upheld - The appeal by the State challenged the judgment acquitting the respondent accused of charges of sexual assault and house trespass based on contradictions in prosecutrix’s statements – The High Court, after reappreciating the evidence, ...

Sentencing – Retrospective Application of Law – Article 20(1) – Sentence Modified – The appellant was convicted under Section 6 of the POCSO Act for rape of a 5-year-old child and sentenced to imprisonment for the remainder of his natural life as per the 2019 amendment – Held: The amendment came into force after the date of offence (20.05.2019) and its retrospective a...