Calcutta High Court Acquits Accused Due to ‘Golden Thread’ Principle: Gaps in Medical Evidence and Unexplained Time Frame Prove Decisive Statutory Rules Supersede Old Practices: Kerala High Court Rejects Direct Appointments in Devaswom Board Arbitration Award Challenge Beyond Limitation Period Is Time-Barred: Supreme Court Supreme Court Holds Registration Under Section 8 of MSMED Act Not Mandatory for Referring Disputes to Facilitation Council Post-Qualification Experience Not Mandatory for Teaching Cadre Promotions Under Kerala Medical Education Service Rules: Supreme Court Non-Compliance of Restitution Decree Does Not Bar Maintenance Under Section 125 Cr.P.C.: Supreme Court NDPS | Compliance with Section 50 of NDPS Act is mandatory and non-negotiable: Punjab and Haryana High Court Rajasthan High Court: 'Criminal Action Cannot Be Used to Settle Civil Disputes,' Quashes FIR Against Simara Foods Pvt. Ltd." "Criminal Law Cannot Settle Civil Disputes" — Quashes FIR in Family Property Feud: Rajasthan High Court Higher Qualification Presupposes Lower Qualification’ in Tradesman Appointment Case: Kerala High Court Upheld B.Tech degree holder’s appointment as Tradesman Punjab and Haryana High Court Grants Custody of Minor Child to Biological Father, Sets Visitation Rights for Maternal Grandparents Employee Earning Above Salary Ceiling and Performing Supervisory Duties Not a ‘Workman’ Under Industrial Disputes Act: AP High Court Use of Modified Trademark 'MAHINDRA ZEO' Does Not Infringe Plaintiff’s 'EZIO': Delhi High Court

"CRIMINAL LAW" Digest

Criminal Law – Appeal for Anticipatory Bail under SC/ST (Prevention of Atrocities) Act, 1989 – Kerala High Court dismissed appeal for anticipatory bail filed under Section 14-A of the Act – Appellant accused of humiliating respondent (a Scheduled Caste member) publicly through derogatory remarks made during a YouTube interview – Prima facie evidence supported allegations of...

Default Bail – Section 167(2) Cr.P.C and Section 36-A of the NDPS Act – Petitioner’s application for default bail dismissed by Additional Sessions Judge, Faridabad – Revision petition filed challenging the order. [Para 1]   Factual Background – Petitioner arrested under Section 22(c) of the NDPS Act – Challan presented on 05.05.2022 without accompanyi...

Challenged Orders – Petitioner seeks to quash the lower court's dismissal of his complaint under Section 482 Cr.P.C., affirmed by the Additional Sessions Judge – Orders dated 03.10.2015 and 22.04.2016. [Para 1, 6]   Background Facts – The petitioner had been accused in FIR No. 521 but was subsequently acquitted. He filed a complaint under Section 195 IPC alleging t...

Criminal Law – Conviction under Section 6 of POCSO Act, Section 506 IPC, and Section 323 IPC – Appeal against Trial Court’s Acquittal – High Court Reversal of Acquittal based on Victim's Testimony and Corroborative Evidence – Victim's consistent testimony, supported by medical evidence and corroborative witnesses, held sufficient for conviction despite delay i...

Bail Application – Offences under Sections 406, 409, 420, 120B of the IPC – Allegations of cheating and fraud against the applicant – Prima facie involvement of the applicant in the commission of the alleged offence established – Applicant's use of forged identity documents – Flight risk – 34 cases registered against the applicant across India – Bail a...

Bail Application - The petitioner has filed a bail application under Section 439 of the Cr.P.C. seeking regular bail in a case involving charges under Sections 302, 120-B of IPC, and Sections 27 of the Arms Act. The case pertains to a land dispute that resulted in a fatal shooting. The petitioner has been in custody for over 3 years and 10 months. The delay in concluding the trial violates the pet...

Criminal Law – Murder and Common Intention – Sections 341, 302, 34 IPC – Appeal against conviction – Prosecution’s case that accused, in furtherance of their common intention, committed the murder of Baiju due to a prior altercation – Trial court convicted A1, A2, and A3 while A4 was acquitted – High Court finds evidence insufficient to prove common intent...

Criminal Procedure – Invocation of Section 323 Cr.P.C – Necessity of a speaking order when invoking Section 323 Cr.P.C to transfer a case to the Sessions Court – Lack of a clear reason stated in the order for transferring the case – Order set aside – Magistrate directed to reconsider whether Section 323 Cr.P.C should be invoked in light of this order. [Para 5-6]

Criminal Law - Dishonour of Cheque - Criminal Revision Petition under Section 397 read with Section 401 Cr.P.C. - Conviction upheld by Special Judge (NDPS), Central District, Tis Hazari Courts, Delhi - Petitioner convicted under Section 138 N.I. Act for dishonour of cheque amounting to Rs.5,26,785/- - Sentenced to simple imprisonment for four months and fine of Rs.8,50,000/- with default clause - ...

Criminal Case - Conviction under Section 304(Part-II) of IPC - Appellant convicted for the offence of culpable homicide not amounting to murder - Sentence of rigorous imprisonment for 10 years and a fine of Rs.1,000 imposed - Acquittal from the offence under Sections 498A and 341 of the IPC - Appellant's legal fees and expenses quantified at Rs.20,000 to be paid by the High Court Legal Service...