Custodial Interrogation Not Required For Police Inspector Accused Only Of Illegal Confinement Prior To Victim's Death: Karnataka High Court Rescission Of Contract Without Hearing Is Illegal; Courts Cannot Interfere In Second Appeal If Findings Rest On Unrebutted Evidence: Gauhati High Court RTI Penalty Proceedings Are Between Commission and SPIO Alone — Complainant Has No Right To Be Heard: Kerala High Court Divorced Wife Entitled To Maintenance; Mere Earning Capacity Not A Bar: Orissa High Court Limitation Period Starts From Date Of Knowledge Of Document, Not From When Certified Copy Is Obtained: Madras High Court Mere Mass Transfer Of Officers By Election Commission Does Not Paralyse State Machinery: Calcutta High Court Dismisses PIL Right To Appeal Under Senior Citizens Act Belongs Exclusively To Parents, Children Cannot File Appeal: Orissa High Court Acquittal Cannot Survive When Overt Acts Are Clearly Proved: Madras High Court Convicts Two Accused in Village Clash Killing Wife Is Absolute Owner Of Streedhan, Taking It Away Does Not Attract Criminal Breach Of Trust Under Section 406 IPC: Allahabad High Court Government Need Not Adjudicate If Employee Is 'Workman' Before Referring Dispute To Labour Court: Gujarat High Court Bidder Cannot Be Disqualified For Submitting Certificate From Unspecified Agency If Tender Document Is Silent: Delhi High Court No Presumption Of Joint Family Property Merely Because Joint Hindu Family Exists: Andhra Pradesh High Court Driver Clicking Selfies With Licensed Firearm Doesn't Make Owner Liable Under Arms Act: Punjab & Haryana High Court Quashes FIR High Court Imposes Blanket Ban On Tree Felling In Haryana, Cites Impending Ecological Catastrophe Due To Dismal Forest Cover

"CRIMINAL LAW" Digest

Criminal Law – Sentencing – Reduction by High Court set aside – Facts & Decision – Accused fired several shots at informant in field; trial court convicted under Section 326 IPC and Section 27 Arms Act, imposing RI 5 years (326) and RI 1 year (Arms) – High Court upheld conviction but cut sentence to period undergone (~63 days) and enhanced fine to ₹25,000 &ndash...

Murder – Conviction Set Aside – Acquittal – Deceased allegedly strangulated with ‘pharna’ and stabbed near primary school at Ranguwal – FIR recorded at 11:20 p.m.; trial court convicted under Section 302/34 IPC; High Court affirmed – Held: Ocular version of PWs 3 & 4 (father and associate) unsafe – they are chance witnesses; major contradictions ...

Criminal Law – Quashing of Criminal Proceedings - Defamation – Builder-Buyer Protest – Peaceful Banner Display by Flat Owners – Complaint Quashed – The appellants protested against the developer by publicly displaying banners alleging non-performance and defects – The builder filed a defamation complaint – Held: The language used was temperate, grievances ...

Regular Bail – Sexual Offences – Allegations Under IPC Sections 376, 377, 384, etc. – Bail Granted - The appellant was accused of serious offences including rape, blackmail, and assault by a woman nearly twice his age – The FIR was followed by a charge sheet including multiple IPC provisions – The High Court had rejected regular bail – Supreme Court noted interi...

Criminal Law – Bail – Section 152 BNS – Social Media Post – Allegation of 'Pakistan Zindabad' post by applicant under a foreign national’s post – No material to show active promotion of secession or armed rebellion – Held: Section 152 BNS requires intentional incitement of secession or subversive activity – Mere expression of sentiment, even ...

Criminal Law – NDPS Act – Ganja Seizure – Enhancement of Sentence – Respondent found in alleged possession of 1.7 kg of Ganja – Seizure included seeds and leaves – FSL Report confirmed presence of flowering tops but also noted seeds and leaf matter – Held: Under Section 2(iii)(b) of NDPS Act, Ganja excludes seeds and leaves unless accompanied by flowering ...

Criminal Law – Economic Offences – Anticipatory Bail – Alleged Ponzi Scheme – Sections 406, 409, 420 IPC and MPID Act – Applicant accused of being part of financial fraud involving over ₹1.13 crore collected through investment scheme – Co-accused (husband and wife, main operators of company) already granted anticipatory bail – Entire amount deposited bef...

NDPS Act – Second Bail Application – Commercial Quantity – Allegation of conscious possession – 151.6 kg of ganja recovered from intercepted DCM truck – Applicant apprehended on spot along with driver – Held: Once contraband is recovered from vehicle and accused was present therein, presumption of conscious possession applies – Burden on accused under Sect...

SC/ST Act – Cognizance – Caste-based Abuse – Public View – Appellants challenged cognizance order under Sections 3(1)(r)(s)(w)/3(2)(va) of SC/ST Act – Alleged that caste-based remarks were made inside house and not in public view – Trial court relied on FIR, injury report, restatement of informant and witness statements indicating villagers assembled after heari...

Criminal Law - Criminal Conspiracy – Circumstantial Proof – IPC Ss.120-A, 120-B – Agreement sufficient – Conspiracy can be inferred from conduct and surrounding circumstances – Secrecy and routing of MUL funds through BRs and pay orders while masking them as MUL-UCO transactions established concert between A-1, A-3 and A-5 – Held: conspiracy proved, though A-2 n...