MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

"CRIMINAL LAW" Digest

Criminal Law - Murder  – Sections 300 Exception 4, 304 Part I, 149 IPC – Article 136 – The High Court set aside the co-accuseds’ convictions under Sections 302/149 etc., finding no common object, and maintained the appellant Sukhbir Singh’s conviction under Section 302 – Held by Supreme Court: No common object under Section 149 was proved – Occurrence...

Essential Commodities – Delegated Legislation – Validity of Gujarat State Order of 1981 – Appellants challenged the State Order of 1981 and subsequent notification restricting stock limits for edible oilseeds and edible oils, contending repugnancy with Central Order of 1977 which had deleted those items in 1997. Held: State Order of 1981 was validly issued under Section 3 read wi...

Quashing of FIR  - Public Servant – Definition under PC Act vs. IPC – Section 2(c) PC Act – Not Section 21 IPC – High Court quashed FIR relying on Section 21 IPC and Laljit Rajshi Shah (decided under the 1947 Act) – Held – The 1988 Act contains a self-contained and wider definition in Section 2(c); coverage includes persons in service or pay of a government...

Criminal Writ - Police Surveillance – History-Sheet – Single Case Registered in 2016 – History-Sheet Quashed – Petitioner had only one criminal case registered in 2016 under the Cow Slaughter Act – No further offence, complaint, or FIR registered – Despite this, history-sheet under Category 18-A was opened and representation for closure rejected – Held: No...

Criminal Law - Defamation – Section 199 Cr.P.C. – No Bar to Magistrate's Direction under Section 155(2) – Petition Dismissed - Petitioner challenged the registration of NCR and filing of chargesheet under Section 500 IPC based on the ground that defamation offences under Chapter XXI IPC can only be prosecuted by private complaint under Section 199 Cr.P.C. – Held: Sectio...

Default Bail - UAPA – Extension of Custody – Section 43D(2) – Default Bail Refused – Appellant challenged extension orders of 24.02.2024 and 26.02.2024 and rejection of default bail on 11.03.2024 – Contended that trial court acted mechanically, without individualised assessment, and that investigation was substantially complete – Held: Public Prosecutor’s ...

Criminal Law - Murder – Section 302/34 IPC – Common intention – Conviction partly upheld – Principal assailants identified by multiple eyewitnesses including injured witnesses – Court finds Moijuddin, Faijuddin and Latif restrained the deceased while Maynul delivered the fatal Ramdao blow on the nape of the neck – Held: Conviction under Section 302 read with Sec...

Murder – Sudden Quarrel – Exception 4 to Section 300 IPC – Applicability – The incident arose out of a sudden quarrel without prior enmity – Both the trial court and High Court found that the occurrence was without premeditation and fell within Exception 4 to Section 300 – Conviction altered from Section 302 to Section 304 Part I IPC – Sentence reduced to ...

Dowry Death – Conviction based on sole testimony – Deceased, married for 1½ years, died by consuming poison allegedly due to dowry harassment – Trial court convicted respondents under Sections 304B and 498A IPC relying solely on testimony of father (PW4) – High Court disbelieved PW4, noting contradictions and lack of support from other relatives (PW6, PW7) who denied...

Juvenile Justice – Determination of juvenility - Murder case – Accused Pranjal Tiwari apprehended on 27.2.1997 for offence under Section 302/34 IPC – Claimed juvenility as date of birth 30.9.1981 – Trial court and Sessions Judge rejected claim citing doubts in documents and variation in ossification test – High Court in revision accepted documentary evidence and held ...