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

Matrimonial Law - Maintenance under Section 24 HMA – Award of Interim Maintenance to Wife and Child – Decree Affirmed – The appellant challenged the Family Court’s order awarding pendente lite maintenance of ₹10,000/month to the wife and ₹15,000/month to the minor child – Appellant contended concealment of income and false claims of unemployment by respondent wife...

Criminal Law - Furlough Leave – Pending Criminal Case under NDPS Act – Conviction Required – Petition Allowed – The petitioner, a life convict under Sections 302 and 307 IPC, was denied furlough leave based on a pending case under the NDPS Act – Held: Rule 4(2)(e)(l) of Notification dated 02.12.2024 bars furlough for convicts under NDPS Act, but does not apply to unde...

Criminal Law - Section 304A, 315, 323, 506 of the IPC – Quashing - Medical Negligence – Delay in Caesarean – Failure to Act Timely – Prima Facie Offence Made Out – The applicant, a qualified gynaecologist, delayed surgery despite obtaining consent at 12 noon – Anaesthetist was called at 3:30 PM and operation performed at 5:30 PM – Foetus died due to &ldquo...

Regular Bail – Multiple Allegations Including SC/ST Act and BNS – Bail Granted – The appellant sought bail in FIR No. 19/2025 for alleged involvement in violent acts against members of the complainant’s family, including allegations under Section 3(1)(r)(s) of the SC/ST Act – Held: Though the allegations were grave and included mob violence and attempt to murder, the ...

POCSO – DNA Evidence – Hostile Witnesses – Acquittal Upheld – The State challenged the acquittal of the accused under Section 376(2) IPC and Sections 4 and 6 of the POCSO Act – The prosecutrix and her family turned hostile and denied sexual assault – DNA report (Ex.P33) confirmed that the accused was the biological father of the child – Held: DNA evidence ...

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...

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 - Sexual Assault on Minor – Sections 6 read with 5(j)(ii), 5(l), and 12 & 11(v) of the POCSO, Sections 376(2)(n), 313, 498A, 506(i) of the IPC and Section 10 of the Child Marriage Act – Quashing Denied Despite Compromise – Petitioners, accused of repeated sexual assault on a minor girl leading to forced marriage and abortion, sought quashing of charges citing ami...

Criminal Law - Murder – Conviction Under Section 302, 34 IPC – Conviction Set Aside – Acquittal -  The appellants challenged their conviction for murder citing improper appreciation of evidence, dubious oral dying declaration, procedural lapses in investigation, and faulty Section 313 examination—High Court found multiple inconsistencies in prosecution story including ...

Criminal Law - Dowry Death and Suicide – Conviction under Section 304B Modified – Section 306 and 498A Sustained – The appeal was preferred against conviction under Section 304B IPC for dowry death following suicide of wife within seven years of marriage—High Court found lack of evidence establishing harassment or dowry demand 'soon before death' but consistent dowr...