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 - Unnatural Sex by Husband – Consent and Marital Status – Proceedings Upheld – Applicant sought quashing of charges under Section 377 IPC asserting exemption based on marital relationship – Held: Unnatural intercourse by husband without wife's consent, even if she is above 18, is punishable under Section 377 IPC – Marriage does not ne...

Criminal Law - Sections 279, 337, 338, and 304A of the Indian Penal Code (IPC) - Motor Accident – School Bus Incident – Alleged Rash and Negligent Driving – Conviction Set Aside – Accused allegedly drove school bus rashly on 05.10.2010, causing death of one child and injuries to others—Trial Court convicted under Sections 279, 337, 338, 304A IPC, and Sessions Court af...

NDPS Act – Joinder of Charges – Section 218 Cr.P.C. Violated – Discharge Granted – Applicant was charged under Sections 8(c), 22(b), 27A and 29 of the NDPS Act based on alleged procurement of 44 grams of mephedrone in small quantities over 18 months – Held: Charges for distinct acts of procurement spread over more than a year could not be tried jointly in the absence ...

Criminal Law - Quashing of FIR – Procurement Irregularities – Comparative Statement Tampering – Petition Dismissed - Petitioner filed petition under Section 482 CrPC to quash FIR alleging criminal conspiracy and fraud in supply of sanitizers during COVID-19 pandemic – Allegations include manipulated comparative statements, inflated pricing, and favoured selection of supplie...

Criminal Law – Quashing  – Sanction for Prosecution – Non-Application of Mind – Sanction Order Quashed – Applicants, Axis Bank officials, were prosecuted based on a sanction order issued by a corporate executive without proper application of mind – Sanction extended to IPC offences not sought or within authority’s purview – Held: Sanction vitiat...

Criminal Law – Corruption and Forgery – Conviction and Sentence – Appellants convicted under Sections 420, 468, 471 and 120B IPC read with Section 5(2) and 5(1)(d) of the Prevention of Corruption Act, 1947 – Allegation of fraud involving fake consignment notes and transport receipts issued on behalf of a defunct transport firm causing loss of ₹13.29 lakhs to SBI – T...

Criminal Law – Matrimonial Cruelty and Misappropriation – Quashment of Proceedings – Petitioners accused under Sections 498A and 406 r/w Section 34 IPC for allegedly subjecting the de facto complainant (wife of accused No.1) to mental cruelty and misappropriating 63 sovereigns of gold ornaments – Allegations include making derogatory remarks about complainant's appearan...

Criminal Law - Abetment of Suicide – Prima Facie Case – FIR Not Quashed - Petitioners sought quashing of FIR under Section 306 read with 34 IPC on ground of false implication and lack of proximate cause – Court held that the deceased had expressed distress and suicidal intent following quarrel with petitioners – Statement of Anil Kumar revealed deceased was under mental tra...

Criminal Law  – Prevention of Corruption Act – Sections 7, 13(1)(d), 13(2) – Demand Not Proved – Acquittal Upheld – The complainant alleged that the accused, a public servant, demanded ₹1,000 to facilitate processing of a government loan – Trap arranged and accused allegedly caught with the bribe amount – Trial Court acquitted the accused on ground ...

Criminal Law – Appeal Against Conviction - Criminal Negligence – Driving at High Speed – Mere Speed Insufficient to Establish Rashness – Conviction Set Aside – Petitioner convicted under Sections 279/304A IPC for allegedly driving at high speed and causing death of two pedestrians – No eyewitness deposed that driving was rash or negligent – All witnesses o...