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

Bail in Money Laundering Case – Twin Conditions Under Section 45 PMLA – Bail Granted – Petitioner, former bank president, arrested in connection with ECIR/BGO/05/2021 for offence under Section 4 PMLA – Court considered that trial was unlikely to commence soon, complaint had been filed, and proceedings in predicate offences were either stayed or not yet cognized – Held...

Criminal Law – Murder - Section 302 IPC – Appeal Against Conviction – Sole Eyewitness Testimony – Conviction Based Solely on PW1 Not Sustainable – Appellant convicted on basis of uncorroborated deposition of PW1 – Court found PW1’s credibility questionable due to past enmity with deceased and lack of contemporaneous reporting – Held: Sole testimony c...

Criminal Law – Prevention of Corruption Act – Demand and Acceptance of Bribe – Conviction Set Aside – The appellant was convicted under Section 7 of the PC Act for allegedly demanding and accepting ₹2,500 as illegal gratification for issuing a no-dues certificate – The complainant (PW-1) turned hostile, denying any demand or acceptance of bribe and stating that CBI ...

Negotiable Instruments Act – Section 138 – Conviction for Dishonour of Cheque – Offence Compounded – Appellant convicted by trial court and acquitted by First Appellate Court on ground that complainant was an unlicensed money lender under Goa Act – High Court reversed acquittal and restored conviction – Held: Since appellant paid full cheque amount (Rs. 2,00,000...

Criminal Revision – Conviction under Section 411 IPC – Sentence Modified – Petitioner convicted for offence under Section 411 IPC and sentenced to 1-year rigorous imprisonment with fine – Having undergone 3 months and 12 days of imprisonment, he sought modification of sentence – High Court upheld conviction but reduced sentence to already undergone period – Held...

Criminal Law - Probation – Benefit of Probation of Offenders Act – Sentence Modified – Conviction Upheld – Petitioner convicted under Sections 279 and 337 IPC and sentenced to 3 months rigorous imprisonment – Petitioner already underwent 1 month and 26 days of sentence – High Court while upholding the conviction granted benefit of probation for good conduct &nda...

Criminal Law - Rash and Negligent Driving – Acquittal – Sections 279, 337, 338, 304A IPC and Section 3 and181 of Motor Vehicles Act – Conviction Set Aside – The accused was convicted by the Trial Court for causing death and injuries by driving a jeep in a rash and negligent manner – Appellate Court confirmed the conviction – Held: There was no clear evidence est...

Negotiable Instruments Act – Section 141 – Vicarious Liability of Partner – Not Maintainable Without Firm's Conviction – Appellant sought conviction of accused partner under Section 138 read with Section 141 N.I. Act – Complaint alleged cheque issued by partner on behalf of firm – Firm (accused no.1) was acquitted and no appeal was preferred – Held: On...

Criminal Law – Sections 363, 366, 376, 511, and 354 of the IPC - Kidnapping and Attempt to Rape – Conviction Upheld – The appellant was convicted for forcibly abducting a girl, detaining her for 20 days, and attempting to rape her – The victim’s consistent testimony under Section 164 CrPC and during trial affirmed the appellant’s acts of undressing and attemptin...

Criminal Appeal – Dismiss for Default – Section 138 NI Act – Complaint Restored – Appellant filed private complaint for dishonour of cheque amounting to ₹3,00,000 – Trial Court dismissed the case for non-appearance during cross-examination – Appellant cited unavoidable reasons for absence and lack of representation by counsel – Held: Dismissal not justif...