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 - Section 304 Part II IPC – Culpable Homicide - Related Witness – Testimony of Son of Deceased – Conviction Sustained – The court held that the testimony of P.W.1, son of the deceased and eyewitness, was credible and consistent with medical and corroborative evidence – Held: Relatedness alone is no ground to discard trustworthy testimony – Evidence ...

Criminal Law - Sections 7, 13(1)(d) read with 13(2), and Section 20 of the Prevention of Corruption Act, 1988 - Corruption Charges – Demand and Acceptance of Bribe – Proof Required – Acquittal Upheld – Respondent was accused of demanding and receiving ₹1,500 as bribe for submitting a spot inspection report – Trial Court convicted him based on recovery of tainted mon...

Criminal Law – Dishonour of Cheques – Quashing of Proceedings – Appellant filed complaint under Section 138 of the Negotiable Instruments Act, 1881 against a Partnership Firm and its partners, including Respondent, for dishonour of cheques aggregating ₹6 crores – High Court quashed proceedings against Respondent under Section 482 CrPC on ground that he had retired from pa...

NDPS Act – Bail – Prolonged Incarceration – Bail Granted - Petitioner in judicial custody since 23.12.2020 with only two of ten witnesses examined over four and a half years – Held: Inordinate delay in trial infringes the fundamental right to speedy trial under Article 21 – Court relied on Union of India v. K.A. Najeeb and Jitendra Jain v. Union of India to hold that ...

Protection of Life and Liberty – Criminal Writ Petition under Article 226/227 – Petitioners, in a “Live in Relationship,” seek protection – Petitioner No. 1 of marriageable age, Petitioner No. 2 not yet 21 – Representation made to Senior Superintendent of Police for protection – Respondent No. 2 directed to assess threat perception and take appropriate act...

Criminal Jurisdiction – Maintainability of Writ Appeal – Quashing of FIR – Appeal Dismissed – Petitioners sought to quash FIR and chargesheet under Sections 498A, 406, 354C IPC filed by Haryana Police – Learned Single Judge dismissed the writ petition under Article 226 r/w Section 482 CrPC – Division Bench held that appeal under Section 4 of Karnataka High Court...

Bail in POCSO Case – Section 6 of the POCSO - Section 376AB of the IPC - Allegation of Rape by Father – Bail Denied – The petitioner was charged with sexually assaulting his minor daughter, aged 11 years, under Sections 376AB IPC and Section 6 of the POCSO Act – DNA evidence from the mattress matched both the victim and the petitioner – Held: Prima facie, involvement ...

Look-Out Circular – Permission to Travel Abroad – Alleged Corporate Default – Conditional Relief Granted - Petitioner sought permission to travel to U.A.E. from 07.06.2025 to 27.06.2025 for business purposes – LOC was issued at the instance of Respondent No.4 bank citing massive outstanding dues and failed repayment plan under IBC – Respondent bank opposed on grounds ...

Criminal Law – PNDT Act – Complaint by Unauthorized Authority – Conviction Set Aside – Petitioners convicted under Sections 4(3) and 5(1)(b) read with Rule 9 of the PNDT Act challenged the maintainability of the complaint filed solely by a Civil Surgeon – Court held that under Section 17(3)(b), a valid complaint must be filed by a duly notified three-member District A...

Bail - NDPS Act – Statement of Co-Accused and Financial Transactions – Bail Granted – The prosecution relied on statements of co-accused and financial transfers to implicate the petitioners under Sections 21, 27A, and 29 of the NDPS Act – Held: Statements of co-accused are inadmissible under Sections 25 of the Indian Evidence Act and 162 CrPC – Financial transactions,...