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 138 of the – Cheque Bounce - Expert Evidence – Request for Second Expert Opinion after Adverse Private Report – Petition Dismissed – Petitioner sought to refer signatures on the cheque to a Government Forensic Expert after already examining a private forensic expert whose opinion was discarded by the trial court – Court held that when the petiti...

Criminal Law - Section 319 CrPC – Power to Summon Additional Accused – FIR Naming but Non-Charge-Sheeting – Summoning Restored – The complainant’s appeal arose from the High Court quashing the Trial Court’s summoning of Respondent No.2 under Section 319 CrPC – The Supreme Court held that the Trial Court was correct in summoning Respondent No.2, whose prese...

Anticipatory Bail – Maintainability under NDPS Act – Rigour of Section 37 Applicable – Applicant sought anticipatory bail in connection with offences under Sections 8(c), 21(b), 27, 29 of the NDPS Act – Prosecution objected to maintainability citing Supreme Court decisions emphasizing stringent conditions under Section 37 – Held: Anticipatory bail not maintainable whe...

Criminal Law - Quashing of Proceedings – Power under Section 482 CrPC – Limited Scope – Petition to quash entire proceedings arising from personal relationship alleging offences under IPC, IT Act, and SC/ST Act – Court reiterates settled principle that power to quash should be sparingly exercised – Held: Except for offence of stalking under Section 354-D IPC, allegati...

Criminal Law - Murder – Conviction under Section 302 IPC – Conviction Upheld – Appeal arose from conviction of the appellant for triple murder of his parents and married sister – Multiple prosecution witnesses including relatives, neighbours, and medical personnel testified to extra-judicial confessions made by the appellant – Post-mortem findings corroborated the con...

Criminal Law – Murder - Section 302, 308, 325, 323 of the IPC - Standard of Proof – Conviction Set Aside – Section 302 IPC – Death Sentence Reversed – The Court allowed the appeals against concurrent conviction and death sentence for murder of four family members including two minor children – Held that prosecution failed to prove the guilt of the appellant beyo...

Conviction for Rape, Kidnapping and Wrongful Confinement – Section 376, 363, 342 IPC – Conviction Set Aside – The appellant was convicted by the Trial Court under Sections 376, 363, 342 IPC, which was upheld by the High Court – The Supreme Court found that the prosecution failed to prove the age of the prosecutrix to be under 16 years as per the legal requirement – Th...

Criminal Law - Murder – Section 302 of the IPC - Conviction Based on Ocular and Medical Evidence – Multiple Murders Committed Due to Suspicion of Infidelity – Conviction Upheld - The appellant was convicted of murdering five family members, including three minor children, his wife, and sister-in-law, with a chopper based on clear eyewitness testimonies, voluntary confession, and ...

Criminal Law - Sections 302, 376AB, 377, 201 of the of the IPC - Rape and Murder of Minor – Last Seen, Recovery of Dead Body, and DNA Evidence – Conviction Upheld – The appellant was convicted for the brutal rape, unnatural sexual assault, and murder of a 10-year-old girl – Conviction based on last seen evidence by child witnesses, recovery of deceased’s body from app...

Matrimonial Law - Domestic Violence – Requirement of Domestic Relationship – DV Act – Petition Dismissed - Petitioner challenged concurrent orders of Trial and Appellate Courts which held that no domestic relationship existed between her and Respondent Nos. 3 to 6 since 2013 – Held: The petitioner was residing in a separate household since 2013 and no present or continuing ...