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 No Notice, No Blacklist: Calcutta High Court Quashes Debarment Over Breach of Natural Justice Prosecution Must Elevate Its Case From Realm Of ‘May Be True’ To Plane Of ‘Must Be True: Orissa High Court Strict Compliance Is the Rule, Not Exception: Himachal Pradesh High Court Dismisses Tenant's Plea for Late Deposit of Rent Arrears When Accused Neither Denies Signature Nor Rebuts Presumption, Conviction Must Follow Under Section 138 NI Act: Karnataka High Court A Guardian Who Violates, Forfeits Mercy: Kerala High Court Upholds Natural Life Sentence in Stepfather–POCSO Rape Case Married and Earning Sons Are Legal Representatives Entitled to Compensation: Punjab & Haryana High Court Enhances Motor Accident Award to ₹14.81 Lakh Driver Must Stop, Render Aid & Report Accident – Flight from Scene Is an Offence: Madras High Court Convicts Hit-And-Run Accused Under MV Act Delay May Shut the Door, But Justice Cannot Be Locked Out: Gauhati High Court Admits Union of India’s Arbitration Appeal Despite Time-Bar Under Section 30 PC Act | Mere Recovery of Money Is Not Enough—Demand and Acceptance Must Be Proved Beyond Reasonable Doubt: Delhi High Court Allahabad High Court Slams Bar Council of U.P. for Ex Parte 10-Year Suspension of Advocate

"CRIMINAL LAW" Digest

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 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...

Criminal Law – Conviction under Section 354A(i), 354D(1)(i) of IPC and Section 8 of POCSO Act – Acquittal Ordered – The accused was convicted by the Trial Court for holding the victim’s hand and uttering “I love you” – The High Court held that mere holding of hand and expression of love without any overt sexual act, demand for sexual favour, or repeated co...

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 - Bail – Cancellation – Maintainability – Section 483(3) of BNSS – Petition Not Maintainable – The petitioner sought cancellation of bail granted to the accused under Section 4 of the POCSO Act and relevant BNSS provisions – Held: Cancellation of bail primarily lies before the court that granted it – Section 483(3) of BNSS (equivalent to Secti...

Bail – Interim Bail – Mother with Minor Children – Interim Bail Granted – The petitioner sought interim bail for 90 days citing the need to care for her two minor children, including a newborn delivered in jail – Held: Considering that the applicant has been in judicial custody since 12/12/2024, the investigation is complete, the chargesheet has been filed, the co-acc...

Criminal Law - Bail – Section 132(1)(a), 132(1)(i) and 132(5) of the Central Goods and Services Tax Act (CGST) - Onerous Conditions – Monetary Deposit – Bail Orders Set Aside – The petitioner was granted bail by the High Court upon voluntarily offering to deposit Rs.2.5 crores, despite opposing arguments by the prosecution – Later, the petitioner challenged the moneta...