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

Prevention of Corruption Act – Sanction for Prosecution – Section 19(1) – Summoning of Public Servant without Sanction Impermissible – Cognizance can be taken only against a person for whom sanction has been specifically granted – Sanction qua one accused cannot be extended to another public servant – High Court’s order summoning appellant without sanction...

Criminal Law - Dishonour of Cheque – Successive Presentations – Section 138, NI Act – Fresh Right but Not Fresh Cause of Action – A payee may successively present a cheque during its validity period, and each dishonour gives a fresh right to present again – However, once a notice of demand under Section 138(b) is issued and served, and drawer fails to pay within 15 da...

Juvenile Justice – Relevant Date for Determination of Age – Juvenile Justice Act, 1986 – Date of Offence Held Relevant – Conflict between Umesh Chandra (three-judge bench) and Arnit Das (two-judge bench) resolved – Held: Correct law is that relevant date for reckoning age is date of commission of offence, not date of production before court – Liberal and purposi...

Section 304A IPC - Medical Negligence – Standard of Care – Toxic Epidermal Necrolysis (TEN) – Administration of Steroid Depomedrol – Excessive Dosage and Absence of Supportive Therapy – Held, treatment line adopted by respondents wholly inconsistent with established medical protocol – Depomedrol (long-acting steroid) administered at 80 mg twice daily, exceeding ...

Criminal Law – Murder of Wife and Children – Circumstantial Evidence – Plea of Alibi – Conviction – Appellant convicted for murdering his wife and two minor children in their house due to extreme financial distress – Plea of alibi rejected as appellant was last seen leaving the scene at 5 a.m. by PW-4 and later admitted to hospital at 6.30 a.m. – Recovery ...

Criminal Law – Murder – Section 313 CrPC & Section 106 Evidence Act – Death Sentence Set Aside – Appellant convicted for murdering wife on basis of circumstantial evidence, hostile witnesses, and alleged recoveries – Sessions Court and High Court relied on Section 106 Evidence Act and compared probabilities of two versions – Held: Prosecution failed to estab...

Criminal Law – Conviction For Kidnapping And Murder - Circumstantial Evidence – Chain of circumstances complete – Conviction Affirmed – The prosecution case rested on circumstantial evidence comprising (i) “last seen” testimony of PW-4 (child witness) and PW-15 (independent taxi driver), (ii) extra-judicial confessions made separately by both appellants to PW-11...

Compulsory Registration of Marriage – Public Interest and Legal Certainty – Marriage Registration Made Mandatory – Supreme Court took suo motu cognizance of the issue while hearing a transfer petition – Held: Registration of marriages is essential for legal proof, curbing child marriages, ensuring rights of women, and preventing denial of marriage – Directed all State...

Criminal Law - Sentencing in Rape Cases – Reduction of Sentence – Section 376(2)(f) IPC – High Court reduced sentence from 10 years to 5 years citing young age and tribal background of the accused – Held: These are not “adequate and special reasons” as required under law – Reduction of sentence without satisfying statutory conditions is legally unsustainab...

Criminal Law - Rape and Abduction – Sections 366 and 376 IPC – Conviction Upheld – The appellant was convicted of abducting and raping the prosecutrix based on her statement under Section 164 CrPC and medical evidence – The conviction by the Trial Court and its affirmation by the High Court were supported by reliable and sufficient prosecution evidence – Held: No grou...