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 Against Acquittal – Section 378 of Cr.P.C. – Appeal by the State challenging acquittal by the trial court. The trial court acquitted the accused for offences under Sections 323, 504 read with Section 114 of IPC, Section 3(1)(x) of the Atrocities Act, and Section 135 of the Bombay Police Act. The High Court upheld the trial court’s judgment, finding no ...

Criminal Law – Acquittal under Sections 395 and 397 IPC and Section 135 of the Bombay Police Act upheld by the High Court - Burden of Proof and Standard of Evidence – The appeal challenged the acquittal of respondents accused of robbery and causing hurt with deadly weapons. The prosecution relied heavily on a test identification parade (TIP) conducted eight months post-incident and the...

Criminal Law – Acquittal in Case of Alleged Dowry Death and Cruelty – Appeal by State Dismissed – The High Court of Gujarat dismissed the State’s appeal against the acquittal of the accused for offences under Sections 302, 498(A), 306, 304(B), and 114 of the Indian Penal Code. The Court held that the prosecution failed to establish a direct cause linking the alleged cruelty...

Criminal Law - Quashing of FIR and Charge-Sheet – Petition for quashing FIR registered under Sections 420, 467, 468, 471, 120-B of IPC, and relevant sections of the Mahatma Gandhi Rashtriya Gramin Rozgar Guarantee Adhiniyam 2005 – FIR related to misuse of JCB machine for manual labor work under MGNREGA – Petitioner retired and no charge-sheet filed – Provisions of Rule 9(3)...

Constitutional Law – Article 226 – Writ of Mandamus – Petitioners seeking police protection from petitioner No.1’s family and protection for attending marriage registration under Special Marriage Act – Held – Marriage between a Muslim man and a Hindu woman under Special Marriage Act does not validate the marriage under personal laws, which consider such marriage...

Criminal Law – Abetment of Suicide – Quashing of FIR - Application under Section 482 Cr.P.C. to quash FIR and charge-sheet for offences under Sections 306 and 34 IPC. FIR filed following husband’s suicide allegedly due to wife’s FIR under Sections 498-A, 406, 294, 506 IPC and Sections ¾ Dowry Prohibition Act. Held that lodging an FIR against in-laws for cruelty canno...

Criminal Law – Appeal Against Acquittal – State appealed against the acquittal of Bhikhabhai Punjabhai Solanki and others by the Additional Sessions Judge, Kheda, Camp at Anand - The case involved the death of Vitthalbhai due to alleged assault by respondents on suspicion of illicit relationship - Prosecution's case primarily hinged on the testimony of sole eyewitness PW-1 Sureshbh...

Criminal Law - Quashing of FIR - Section 482 Cr.P.C. - Criminal petition for quashment of FIR under Sections 377, 498-A, 294, 506 IPC - Allegations include unnatural sex, dowry demand, and harassment - Petitioner argues the allegations are false, motivated by matrimonial discord, and supported by insufficient evidence - Court analyzes the amended definitions of rape and considers marital exception...

Criminal Law – Appeal against Acquittal – Legal Standards and Appellate Review – Criminal Appeal against the judgment of acquittal passed by the Additional Sessions Judge, Kheda, Camp at Anand – Acquittal of respondents under Sections 302, 323, 365, 342, 147, 148, 149 of IPC – Allegation of abduction and murder – Supreme Court emphasizes double presumption of in...

Criminal Law – Quashing of FIR and Charge-Sheet – Criminal Petition under Section 482 Cr.P.C. – FIR for molestation and threats – FIR No.0048 dated 25.06.2022 registered under Sections 452, 354 IPC, Sections 8 and 12 of POCSO Act, 2012, later including Sections 354-A and 195-A IPC – Petitioner alleged to have threatened the victim’s uncle to force compromise &nd...