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

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...

Criminal Law - Transfer of Trial – Fair Trial and Access to Justice – Transfer Granted – The petitioner sought transfer of trial under Section 447 BNSS citing inability to secure effective legal representation as private respondents, accused in FIR, were practicing advocates in the same district court where trial was pending – The High Court accepted that petitioner’s...

Matrimonial Law - Maintenance – Section 12, 18, 19, 20, 22, and 23 of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act) - Interim Maintenance – Enhancement – Financial Capacity of Husband – Maintenance Upheld – The petitioner-husband challenged the enhanced maintenance of ₹1,00,000/- per month fixed by the Additional Sessions Judge on the ground of...

Bail – Non-appearance of Accused – Scope of Judicial Discretion – Bail Restored – The appellants, accused under Section 353 IPC and Sections 3(1)(r)(s) of SC/ST (PoA) Act, were earlier released on regular bail but remanded to custody due to non-appearance on a hearing date – High Court held absence was not deliberate, matter was pending for charge framing, and appella...

Criminal Law - Murder by Criminal Conspiracy – Circumstantial Evidence – Sections 302, 120-B and 201 IPC – Conviction and Life Imprisonment Confirmed – The Supreme Court upheld the conviction of A-1 to A-4 under Sections 302 and 120-B IPC and additionally under Section 201 IPC for A-4, for conspiring and murdering the deceased, fiancé of A-4, due to personal relation...

Criminal Law - NDPS - Forfeiture of Property – Dismissal of Appeal Due to Procedural Defect – Remedy Restored – The petitioners challenged the order of Appellate Tribunal dismissing their appeal under Section 68(O) NDPS Act on grounds of non-removal of defects, where petitioner No.2 could not file a signed affidavit due to incarceration – The High Court held that the Appell...

Criminal Contempt – Publication of Scandalous Remarks – Section 2(c) of the Contempt of Courts Act – Conviction Upheld – The respondent posted a series of derogatory and scurrilous statements on Facebook targeting sitting Judges of the Kerala High Court, alleging political bias, improper motives, and judicial dishonesty – The Court held that attributing such motives t...

Matrimonial Law  – Domestic Violence Act – Section 12, 19 – Illegal Possession – Police Excess – Alternative Accommodation – The High Court considered multiple connected cases concerning domestic violence, forcible possession, and right to residence under the Protection of Women from Domestic Violence Act, 2005 – The Court held that forcible possessio...

Criminal Law - Quashing of FIR – Abuse of Criminal Process – Civil Dispute Given Criminal Colour – FIR Quashed – The appellants challenged the High Court’s order dismissing their petition under Section 482 CrPC seeking quashing of FIR No. 771/2020 involving alleged cheating and criminal breach of trust in a land sale transaction – The Supreme Court held that the...