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 Courts Cannot Import Limitation Period Into Special Statute If Legislature Has Refrained From Prescribing One: Calcutta High Court Drawing NDPS Samples At Spot Instead Of Before Magistrate Merely A Procedural Irregularity, Does Not Vitiate Trial: Supreme Court Expert Opinion Not Sole Consideration, JJ Board Must Independently Assess All Material During Section 15 Preliminary Assessment: Supreme Court Offence Under Section 302 IPC Is A 'Heinous Offence' Under JJ Act; Life Imprisonment Implied As Minimum Punishment: Supreme Court No Demolition Of Accused's Property For Two Years Following FIR To Check 'Retributive' Action: Allahabad High Court Admission Of 'Making' A Will Not An Admission Of Its 'Genuineness': Delhi High Court Refuses Partition Decree Based On Counsel's Statement Direct Section 156(3) CrPC Application Before Exhausting Police Remedies A 'Procedural Irregularity', Not Illegal: Bombay High Court Ex-Parte Decree Obtained By Suppressing Vital Facts Is Nullity; Executing Court Can Examine Fraud Under Section 47 CPC: Andhra Pradesh High Court Revenue Authorities Cannot Cancel Long-Running Jamabandi, Only Competent Civil Court Can Decide: Jharkhand High Court Agency Terminates On Principal's Death; Power Of Attorney Holder Cannot Execute Gift Deed Without Explicit Authority: Gujarat High Court Cheque Issued As Security Towards Loan Repayment Attracts Section 138 NI Act If Debt Exists On Presentation Date: Himachal Pradesh High Court NDPS Act | Prosecution Cannot Rely Solely On Co-Accused's Statement When No Contraband Recovered From Accused: Calcutta High Court Quashes Criminal Proceedings Trial Courts Obligated To Consider Applications For Service Of Summons Via Email If High Court Circulars Are Complied With: Karnataka High Court Photographs Showing Wife Wearing Jewellery 'Cut The Root' Of Her Claim That Husband Misappropriated Gold: Kerala High Court Section 138 NI Act: Blank Cheques Obtained Under Coercion Do Not Constitute Legally Enforceable Debt: Madras High Court Cannot Presume Future Publications Will Be Defamatory: Delhi High Court Vacates Gag Order Against 'The Wire' In Former Chief Secretary's Suit Wife Cannot Claim 'Victim Card' For Cruelty Over Character Aspersions When Unchallenged Findings Show Her In Adulterous Act: MP High Court Agent Personally Liable On Cheques If Undisclosed Principal Cannot Be Sued; Plea Of Police Coercion Needs Proof: Kerala High Court Section 217 CrPC Not A Mere Formality; Trial Court Must Judicially Decide Plea To Recall Witnesses Upon Alteration Of Charges: Madras High Court First Appellate Court Must Address Suspicious Circumstances Surrounding Execution Of Will; Adverse Inference To Be Drawn If Propounder Fails To Testify: Himachal Pradesh High Court Passing Contrary Orders On Identical Land Acquisition Cases Violates Public Policy, Equal Treatment: Madhya Pradesh High Court Municipal Authorities Cannot Adjudicate Title Disputes While Granting Building Permissions: Telangana High Court Statutory Insurance Companies Can’t Be Treated As Illiterate Litigants; Procedural Red Tape No Ground To Condone Delay: Orissa High Court Section 22 Hindu Succession Act Applies To Agricultural Land; Right Of Pre-Emption Is An Incident Of Succession: Supreme Court Proceedings Under Senior Citizens Act Extinguish On Death Of Applicant, Civil Remedies Apply For Property Disputes: Punjab & Haryana High Court Being A Woman Not A Ground For Bail In Heinous Crimes Against Minors: Gujarat High Court Rejects Bail In Flesh Trade Case Woman Not Entitled To Maintenance Under Section 125 CrPC If First Marriage Subsists; Illegitimate Child Entitled: Allahabad High Court Contract Workers Performing Same Duties As Regular Staff Entitled To Minimum Regular Pay Scale Under CLRA Rules: Bombay High Court Power Of Review Is To Correct Mistakes, Not Substitute Views Or Act As 'Appeal In Disguise': Kerala High Court Futile Exercise Of Jurisdiction To Proceed With Contempt For Violating Ex-Parte Order Once It Is Vacated On Merits: Karnataka High Court Threat To Force Wife Into Prostitution Strikes At Core Of Human Dignity: Gujarat HC Denies Anticipatory Bail In Abetment To Suicide Case Injured Victim's Testimony Carries Built-In Guarantee Of Truthfulness, Requires No Corroboration For Conviction: Allahabad High Court Section 138 NI Act Offence Can Be Compounded At Revision Stage Under Section 147 Read With Section 320 CrPC: Punjab & Haryana High Court Suit For Declaration Involves All Co-Owners; Limitation Plea Cannot Be Decided At Interlocutory Stage Of Impleadment: Telangana High Court Mother Claiming Financial Capacity To Get Child Custody Cannot Fasten Entire Financial Burden On Father: Allahabad High Court Invalidity Of One Ground Does Not Vitiate Entire Detention Order Under PIT NDPS Act If Other Grounds Are Sustained: Andhra Pradesh High Court Silence Until Pregnancy Detection & Lack Of DNA Evidence Casts Doubt On Prosecution Case: Calcutta High Court Acquits Father In POCSO Case Mere Proof Of Proper Dispatch Sufficient: Bombay High Court Says Trade Marks Registrar Need Not Prove Actual Delivery Of Renewal Notice Casteist Remarks Inside Private Office Without Independent Witnesses Do Not Attract SC/ST Act: Delhi High Court Private Property Transfer Not Void Under Section 64 CPC If Made Before 'Effective' Execution Of Attachment Warrant: Karnataka High Court Statement Under Section 164 CrPC Is Not Substantive Evidence, Cannot Be Sole Basis For Conviction When Victim Turns Hostile: Madras High Court Second Wife Not Entitled To Family Pension, But Children From Void Marriage Can Claim Share: Kerala High Court Legal Representatives Cannot Withdraw Admissions Made By Deceased Defendant By Filing Fresh Written Statement: Madhya Pradesh High Court Police Can Search & Seize Suspected Proceeds Of Crime Even Without Warrant Under Section 185 BNSS: Orissa High Court Mere Photographs With Co-Accused Don't Establish Intent To Commit Terrorist Act: Punjab & Haryana High Court Grants Bail Under UAPA Transfer Is An Ordinary Incident Of Service, No Employee Has A Vested Right To A Specific Posting: Punjab & Haryana High Court Accused Cannot Seek Quashing Of Case Under Section 528 BNSS While Suppressing Pending Non-Bailable Warrants: Telangana High Court

"CRIMINAL LAW" Digest

Criminal Law – Quashing of Prosecution – Abuse of Process – Arms Licence Scam Allegation – Appellant, an IAS officer and District Magistrate-cum-Licensing Authority, Saharsa, accused of issuing arms licences without due verification – Chargesheet filed after 15 years of FIR, despite earlier closure report finding allegations against him to be false – Sanction un...

Unlawful Activities (Prevention) Act – Section 43D(5) – Bail – Prima Facie True Test - Appellant, alleged active member of terror syndicate led by Sujit Sinha and Aman Sahu, charged under UAPA, IPC, Arms Act and Explosive Substances Act for orchestrating the 18.12.2020 Tetariyakhad Colliery attack involving indiscriminate firing, arson of four trucks, and injuries to civilians &n...

NDPS Act – Bail – Sections 8, 21, 29 NDPS Act - Commercial Quantity – Procedural Lapses – Bail Granted – Petitioner arrested on 21.04.2023 for alleged possession of 50 bottles of Myberry (Codeine Phosphate) – Co-accused arrested based on petitioner's disclosure – Final report filed on 17.07.2023 – Trial delayed with less than half of 21 witnesses...

Domestic Violence – Quasi-Criminal Proceedings – Bailable Warrants – Issuance of bailable warrants by the Magistrate in proceedings under the D.V. Act deprecated – Held: Proceedings under the D.V. Act are quasi-criminal in nature and do not attract penal consequences unless there is a breach of protection order – Magistrate unjustified in issuing bailable warrants in ...

Dowry Death – Sentence under Section 304-B IPC – Reduction of Life Imprisonment – Husband Convicted – Sentencing Principles Applied – Appellant-husband convicted under Section 304-B IPC and sentenced to life imprisonment by Trial Court – Appellate Court held that life imprisonment is not mandatory under Section 304-B IPC and sentence must be proportionate to cul...

Criminal Law – Appeal Against Acquittal – Dishonour of Cheque – Maintainability – Applicant filed for leave to appeal under Section 378(4) CrPC against acquittal in complaint under Section 138 of N.I. Act – Held: In view of the Supreme Court decision in M/s. Celestium Financial v. A. Gnanasekaran, complainant in a cheque dishonour case is a "victim" under Se...

Criminal Law – Bail – Age Discrepancy of Victim – Petitioner accused of abducting and marrying minor girl under false documents – Conflicting DOBs: 01.01.2007 (from NIOS) and 19.04.2008 (school record) – Held: Discrepancy in age creates reasonable doubt – In view of Mahadeo v. State of Maharashtra and State of MP v. Anoop Singh, court must rely on school DOB unl...

Extradition Law – Dual Criminality – India-Canada Treaty – Prima Facie Satisfaction for Magisterial Inquiry – Validity of MEA’s Decision – Petitioner challenged MEA’s direction under Section 5 of Extradition Act initiating magisterial inquiry into Canadian extradition request for offence under Section 320.16(3) of Canadian Criminal Code – Held: The a...

Criminal Law – Culpable Homicide – Section 304A IPC – Death by Alleged Stone Pelting – Appellant convicted by Trial Court for causing death through rash and negligent act – On appeal, High Court finds that key witnesses including P.W.3 (complainant), P.W.4 and P.W.6 (injured) admitted inability to identify assailants due to darkness – No torchlight allegedly use...

NDPS Act – Bail – Commercial Quantity – Grounds of Arrest – Compliance with Article 22(1) – Search at Night – Inventory/Sampling – Section 37 Rigour – Held: Grounds of arrest duly communicated prior to remand; seizure indicates commercial quantity (31.78 g MDMA); quantitative test delay immaterial; Section 37 bar applies – Bail rejected [Paras ...