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

Quashing of Criminal Proceedings – Section 376 IPC – Exception in Peculiar Circumstances – Continuation Unnecessary – The appeals arose from refusal by High Court to quash criminal cases including Section 376 IPC despite mutual settlement – Supreme Court noted second FIR (376 IPC) was lodged immediately after first FIR by opposite side and complainant categorically ex...

Criminal Law - Murder  –Section 302 & 34 of the  IPC – Acquittal Ordered – The Trial Court and High Court had convicted the appellants based solely on the testimony of the deceased’s wife and son – Supreme Court found improbabilities in their presence at the scene, contradictions with the medical evidence, and no corroboration from other witnesses &ndash...

Criminal revision against conviction under Section 138 of NI Act – Petition challenging concurrent judgments convicting petitioner for dishonour of cheque due to i Cheque Dishonour – Presumption under Section 139 NI Act – Conviction Upheld – The petitioner challenged concurrent findings of conviction under Section 138 of NI Act alleging that the cheque was lost and misus...

Custodial Torture – Illegal Detention – Registration of FIR Directed – Investigation Transferred to CBI – Counter FIR Quashed – ₹50 Lakhs Compensation Awarded – In a case involving shocking custodial torture of a serving police constable, including mutilation of genitalia during illegal detention, the Supreme Court reversed the High Court’s judgment refu...

Criminal Law - Bail Cancellation – Abuse of Official Position – Sections 376, 328 IPC and Sections 3/4 IT Act, SC/ST Act – Bail Cancelled - The Supreme Court considered an appeal filed by the victim against the grant of bail to respondent No.2, who was accused of serious offences including sexual exploitation and torture of female inmates under her care as Superintendent of a wom...

Criminal Law - DNA Testing in Rape Case – Quashing of Sessions Court Order – Mandatory DNA Sampling Upheld – The petitioner, prosecutrix, filed a petition under Section 482 Cr.P.C. seeking to quash the order of the Additional Sessions Judge which had set aside the Magistrate’s order permitting DNA sampling of Respondent No.2 in a case registered under Section 376 IPC. The D...

Criminal Law - Anticipatory Bail – Economic Offence – Sections 3 & 4 of PMLA – Bail Denied – Petitioner sought anticipatory bail contending false implication in ECIR case regarding cryptocurrency fraud – ED objected highlighting petitioner’s alleged mastermind role in running Ponzi scheme under fake crypto “Emollient Coin” – Allegations inc...

Criminal Law - Bail – Sections 8(c), 20(b), 22(c), 23(c), 27-A and 29 of the NDPS Act – Conscious Possession Not Established – Bail Granted – The High Court allowed bail to the petitioner who was arrested after collecting a courier parcel containing 100 LSD blots, observing absence of evidence proving conscious possession and involvement in narcotics trafficking – Hel...

Criminal Law - Section 94, 438(2) BNSS - Interlocutory Orders – Revisional Jurisdiction Barred under BNSS – Petition Dismissed – The petitioner sought to set aside the trial court’s order summoning the Investigating Officer (IO) for a report regarding CCTV footage preservation – The High Court held that the impugned order was purely interlocutory in nature, not amount...

Criminal Law - Anticipatory Bail – Civil Dispute Escalated to Criminal Litigation – Supreme Court Orders Executed – Conditional Bail Granted – Petitioners involved in property dispute culminating before Hon’ble Supreme Court in SLP No. 27400 of 2023 sought pre-arrest bail in cross criminal cases registered under Bharatiya Nyaya Sanhita alleging mutual criminal trespas...