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 Breach of Trust – Acquittal – Appeal by Association – The Association alleged that its former Honorary Secretary had embezzled funds, forged documents, and falsified accounts during his tenure – Trial Court acquitted the accused, finding no cogent evidence of embezzlement or forgery – High Court upheld the acquittal, ruling that the prosecution failed to prov...

Preventive Detention – Detention under Goondas Act – Validity – Habeas Corpus Petition Dismissed – The detenue was involved in multiple serious offences including attempt to murder, extortion, sexual offences under POCSO, drug trafficking, and violation of bail conditions – The detaining authority after subjective satisfaction found that the detenue's activities w...

Criminal Law – Quashing of FIR - Gangsters Act – Procedural Non-compliance – FIR Quashed – Sections 2(b)(i), 3 of the Gangsters Act – Petitioners sought quashing of FIR based on gang chart prepared without recording proper satisfaction by competent authorities – Held: The District Magistrate failed to conduct a valid joint meeting and merely approved the proposa...

Anticipatory Bail – Sections 305, 331(3), 331(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) - Civil Dispute with Criminal Colour – Prima Facie Civil Nature – Bail Granted - The applicant sought pre-arrest bail in connection with an FIR alleging theft and criminal intimidation – Held: The dispute pertained to possession of a shop already sub judice in civil courts with...

Criminal Law – Quashing of ECIR – Section 3 and 4 of the PMLA – Petition Dismissed – The petitioner, a well-known actor, filed a petition seeking quashing of ECIR dated 08/08/2021 and second supplementary complaint dated 17/08/2022 under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002, alleging that she was not named in the predicate offence FIR, had been m...

Criminal Law -- Quashing – Section 168 IPC – Public Servant Engaging in Trade – Final Report Quashed – The petitioner, a public servant employed with Andrew Yule & Company Ltd., was charged under Section 168 IPC for allegedly working as a private PF & ESI consultant to various companies including Adyar Ananda Bhavan – Held: The petitioner was governed by certi...

Criminal Law – Quashing of FIR – Section 22(A) of the NDPS Act - Sections 18(a), 18(b), 18(c), 27(b)(ii), 28, 65(17) of the Drugs and Cosmetics Act – Possession of Codeine-based Syrup – Proceedings Quashed – FIR registered under IPC, Drugs and Cosmetics Act, and NDPS Act alleging illegal possession of codeine-based cough syrup bottles from petitioner’s medical s...

Criminal Law – Quashing of Bail Cancellation – Section 528 of BNSS - Cancellation of Bail Due to Non-Appearance – Order Set Aside – Petitioner failed to appear before the trial Court on 08.07.2024 due to noting the wrong date – Trial Court cancelled bail, forfeited bail/surety bonds, and issued non-bailable warrants – Held: Non-appearance was neither deliberate ...

Successive Regular Bail – Sections 8(C), 20(B)(ii)(b), and 29 of the NDPS Act – Successive Bail Application Dismissed – The applicant sought regular bail under Section 483 of BNSS in connection with possession of 9.982 kg of ganja under the NDPS Act – The earlier bail application was withdrawn with liberty reserved for refiling in case of delay in trial – The Court fo...

Criminal Law – Quashing of Complaint - Negotiable Instruments Act – Premature Complaint – Cognizance Not Permissible – Complaint Quashed – The complaint under Section 138 N.I. Act was filed before the expiry of 15 days from the date of service of legal notice – Held: As per the law laid down by the Hon'ble Supreme Court in Yogendra Pratap Singh v. Savitri Pa...