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 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 Wife Is Absolute Owner Of Streedhan, Taking It Away Does Not Attract Criminal Breach Of Trust Under Section 406 IPC: Allahabad High Court Government Need Not Adjudicate If Employee Is 'Workman' Before Referring Dispute To Labour Court: Gujarat High Court Bidder Cannot Be Disqualified For Submitting Certificate From Unspecified Agency If Tender Document Is Silent: Delhi High Court No Presumption Of Joint Family Property Merely Because Joint Hindu Family Exists: Andhra Pradesh High Court Driver Clicking Selfies With Licensed Firearm Doesn't Make Owner Liable Under Arms Act: Punjab & Haryana High Court Quashes FIR High Court Imposes Blanket Ban On Tree Felling In Haryana, Cites Impending Ecological Catastrophe Due To Dismal Forest Cover

"CRIMINAL LAW" Digest

Murder – Familial Mass Homicide – Death Penalty Justified – Section 302 IPC – Rare and Diabolic Nature of Crime – Upheld – The accused Sonia and her husband Sanjiv (A-1 and A-2) were convicted for the premeditated and cold-blooded murder of eight family members including three children – Held: The nature of the crime was grotesque, calculated, and executed...

Criminal Law – Abetment of Suicide – Sections 306 and 107 IPC – Mens rea Essential – Mere harassment or taunting insufficient – Suicide by wife allegedly due to continuous harassment and dowry demands – No suicide note – No specific instigation or intentional aid proved – Held: Mere discord or cruelty in matrimonial home does not automatically amount...

Abetment of Suicide – Section 306 IPC – Mere cruelty or harassment without proof of direct or indirect instigation not sufficient – Letters proved dowry demand and cruelty – Conviction under Section 306 IPC set aside – Convictions under Section 498A IPC and Section 3 Dowry Prohibition Act upheld – Sentence under DP Act reduced to three years – Appeal partl...

Quashing of Summoning Order – Delay in Complaint – Vague Allegations – Criminal Proceedings Quashed – Supreme Court quashed proceedings initiated under a private complaint after finding four-year delay in lodging FIR for alleged 2010 incident – Allegations of rape and caste abuse were held to be vague, inconsistent, and unsupported by material evidence – Summoni...

Constitution of India – Article 226 – Protection of Life and Liberty – Petitioner, a practicing advocate, sought police protection alleging threats from his former clients (respondents No.5 and 6) over refund of professional fees – Court directed SSP Mohali and SSP Chandigarh to examine representations dated 02.06.2025 and 23.07.2025 and to take necessary action to ensure p...

Criminal Law – Remission / Premature Release – Categorisation under 2010 Guidelines – Life convict initially directed to be released after 24 years by applying Category 4(d) (murder jointly with another with premeditation) – Held: On facts, offence arose from perceived protection of family prestige (love affair involving appellant’s sister) and falls under Category 3(...

Criminal Law – Murder - Circumstantial Evidence – Acquittal – Appellant convicted for matricide under Section 302 IPC and sentenced to life imprisonment – High Court upheld conviction based on chain of circumstantial evidence including medical evidence, alleged recovery, and motive – Supreme Court finds serious doubts about whether death was homicidal – Medical ...

Criminal Law – PMLA – Quashing at Pre-Trial Stage – Alternate Remedy – ECIR did not name appellants and CBI dropped them in supplementary report – ED complaint rests on alleged withdrawal of attached sums (post-PAO) linked to an identified quantum ₹33,80,87,617/- claimed as proceeds of crime – Held: With statutory appeals under Section 26 PMLA pending and PMLA...

Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Limitation – Cause of Action – Notice Returned ‘Refused’ – Applicability of 15-day Period – Held: Even when statutory notice is returned unclaimed or refused, service is deemed effected under Section 27 of the General Clauses Act – Cause of action arises only after expiry of...

Criminal Law – Murder – Reversal of Acquittal – Identity of Accused Not Proved – Ocular testimony of independent house-owner witness (PW-7) established assault by three unknown persons inside her house but she could not identify the assailants – No test identification parade – Prosecution relied on PW-1 and PW-2 as eyewitnesses but their presence held doubtful; ...