Retrospective Withdrawal Of Tax Exemption Valid But No Penalty Or Interest For Past Period: Supreme Court Inclusion Of Royalty, DMF & NMET In 'Sale Value' To Compute Mining Dues Is Not Arbitrary Or Ultra Vires: Supreme Court Retracted Confession Cannot Form Foundation Of Conviction Without Strong Independent Corroboration: Supreme Court "Denial Of Legal Representation Strikes At The Root Of Fair Trial": Supreme Court Quashes Death Penalty In 1996 Samleti Blast Case, Orders De-Novo Trial Meaningful Pre-Prosecution Opportunity Notice Under FERA Is Mandatory, Cannot Be Mere Notional Compliance: Supreme Court Keeping Accused In 'Suspended Animation' Indefinitely Violates Article 21: Supreme Court Quashes 23-Year-Old FERA Complaint Over Inordinate Delay Interlocking Settlement Clauses Must Be Read Harmoniously; General Obligation To Maintain Child Cannot Rewrite Consent Decree: Supreme Court General Obligation To Maintain Cannot Be Invoked In Execution To Rewrite Concluded Settlement Terms: Supreme Court Wrong Statement" Not Always A "False Statement": Supreme Court Quashes Perjury Prosecution Over Typographical Errors In Pleadings High Court Cannot Improve Lower Court's Defective Section 340 CrPC Order In Appeal Filed By Aggrieved Party: Supreme Court Supreme Court Slams MHA's 'Apathetic Pen-Pushing' And Misinterpretation Of UPSC Advice, Grants Relief To Retired CRPF Officer Tenant Cannot Dictate Landlord's Choice Of Premises, Subjective Choice Over Alternative Accommodations Must Be Respected: Supreme Court "One Man's Trash Is Another Man's Treasure": Supreme Court Says Landlord's Choice Of Accommodation Must Be Respected, Revisional Court Can't Reappreciate Evidence Non-Recovery Of Dead Body Not Fatal To Murder Conviction If Other Evidence Proves Guilt: Supreme Court

"CRIMINAL LAW" Digest

Criminal Law – UAPA – Regular Bail – Section 43-D(5) – Prolonged Custody – Appellant in custody for over 2 years and 10 months without trial due to pendency of sanction under Section 45 of the UAPA – No evidence linking weapons recovered from appellant to terrorist activity or declared terrorists – Held: Long incarceration without trial violates Article 21...

Criminal Procedure – Additional Evidence – Section 311 CrPC – Prosecution allowed to produce video clip at defence evidence stage – Accused objected citing prolonged trial since 2018 and alleged abuse of process – Held: Trial court rightly exercised discretion to allow additional evidence to discover truth – Technical objections cannot defeat justice [Paras 1&nd...

Narcotic Drugs – Conviction under NDPS Act – Recovery of contraband ganja – Accused A1 and A2 apprehended while in possession of 1.5 kg ganja – Trial court convicted both under Section 8(c) r/w 20(b)(ii)(B) NDPS Act – Acquitted under Sections 25 and 29(1) – A3 absconded and later acquitted – On appeal, A1 reported dead, appeal abated against him – Co...

Quashing of FIR and Criminal Proceedings – Petition filed under Section 482 of Cr.P.C. for quashing FIR lodged at Crime No.999 of 2018 under Sections 498A, 323, 506, 34, 325, and 313 of IPC after mutual divorce settlement – Involves matrimonial dispute between petitioners and respondent no. 2, leading to various legal proceedings and eventual mutual divorce [Paras 2, 4-5]. Matrimoni...

Criminal Law – Quashing of Proceedings – Allegation of Sexual Harassment by Child Welfare Committee Chairman – Lack of Sexual Intent – Petitioner, a statutory authority under Child Welfare Committee, was alleged to have made sexually coloured remarks during counselling of two minor girls – Statements attributed to the petitioner included reference to the girls’ ...

Criminal Law – Quashing Of FIR - Rape – Repeated Sexual Acts – Section 376(2)(n) IPC – FIR alleged repeated sexual relations by advocate on false promise of marriage – Supreme Court held that relationship lasted three years and involved mutual affection and voluntary acts – No indication of threat, coercion, or deceit from inception – Held: FIR failed to d...

Criminal Law – Criminal Breach of Trust – Cheating – Quashment of Proceedings – Appellant, a former partner in a dissolved firm, sold property previously used by the firm to a third party – Respondent, a co-partner, filed a criminal complaint under Sections 406, 420 and 120B IPC alleging misappropriation and deceit – High Court refused to quash the complaint &nd...

Criminal Law – Quashing of FIR – Causing Death by Negligence – Section 304-A IPC – Conviction – Petitioner convicted under Sections 304-A & 279 IPC based on death caused due to rash and negligent driving of a JCB – Post-conviction, compromise reached with complainant (father of deceased) – Held: Compromise between accused and legal heirs of deceased ca...

Criminal Law – Default Bail – Interpretation of BNSS – Petitioners arrested on 10.05.2025 and remained in custody for 90 days – Application for default bail under Section 187(3) BNSS filed on 12.08.2025 – Charge-sheet not filed within statutory period – Trial court rejected application relying on Odisha amendment to CrPC providing 120-day period – Held: BN...

Criminal Law – Summoning of Additional Accused – Section 319 CrPC – Standard of Proof – Mother of minor victim sought summoning of grandmother and paternal aunts on the ground of alleged suppression and non-reporting of child sexual abuse – Trial Court rejected application noting that no new or compelling evidence had emerged during trial beyond what was already part ...