Occupancy Certificate is Decisive in Determining Project Completion: Kerala High Court Clarifies RERA Provisions Security Cheques Are Legally Enforceable if Liability Exists at Maturity: Rajasthan High Court Once Cognizance is Taken, Magistrate Cannot Order Fresh Investigation under Section 156(3): P&H High Court Distinguishing Civil from Criminal: ‘Mere Non-Payment Does Not Constitute Cheating,’ Rules Calcutta High Court” Kerala High Court Dismisses Petition to Quash Case of Extortion Involving Illicit Bathing Photographs No Denial of Ayushman Bharat Benefits Due to Delayed Documentation: Rajasthan High Court High Court at Calcutta Quashes FIR in Quick Heal Forgery Case, Emphasizes Need for Affidavit in Section 156(3) Applications” Khatauni Mal Figures Alone Cannot Establish Liability Without Corroborative Evidence of Actual Collection and Default: Punjab and Haryana High Court In a Case of Rape, Compromise Can Never Be Thought of – A Woman’s Body Is Her Own Temple: Kerala High Court No Limitation Period for Redeeming Usufructuary Mortgage: P&H High Court: 'Right to Recover Possession Begins When Mortgage Money is Fully Paid

"CRIMINAL LAW" Digest

Criminal Procedure – Transfer of Sessions Trial Petitioner seeks to set aside the order transferring Sessions Trial No. 82 of 2020 from 2nd Additional Sessions Judge, NaugachiaSubDivision, Bhagalpur, to 1st Additional Sessions Judge, Bhagalpur, under Section 407 of the Code of Criminal Procedure, 1973. [Para 1]    Notice and Earlier Orders The petitioner argues that the...

Criminal Appeal – Section 138 of the Negotiable Instruments Act – Complaint filed against accused for dishonour of cheques – Accused acquitted by Magistrate – Appeal by complainant – Complainant firm represented by its Branch Manager – Assertion of complainant's status present in the complaint – Evidence of partnership deed and registration of firms pr...

Dismissal for Want of Prosecution – Challenge against Special Metropolitan Magistrate's order dismissing complaint for non-appearance of complainant under Section 256 Cr.P.C. - Acquittal of accused for charges under Section 138 of the Negotiable Instruments Act due to complainant's absence on several court dates, despite history of presence and legal representation [Para 1-6]. &nb...

Revision Petition against Summoning Order – Accused challenging summoning order in a drug-related case – Accused claiming valid drug license at the time of supply –– Petition filed under CrPC Section 482 and Article 227 –– Accused declared proclaimed offender for non-appearance. [Para 1-18] Criminal Offense - Section 27 (b) (ii) of the Drug and Cosmetics Acts...

Criminal Law – Petition under Section 482 Cr.P.C. – Challenge to impugned order rejecting deferment of hearing on charge – Accusations of criminal conspiracy and corruption in Delhi Excise Policy 2021-22 – Petitioner contends investigation incomplete and seeks delay until supplementary chargesheet against co-accused is filed – Learned Trial Court dismissed application...

Criminal Appeal – Rape Charges – Acquittal by trial court – Prosecution's challenge to acquittal – Prosecution argues that the trial court erred in finding the statements of the prosecutrix and her daughter unbelievable – Scope of re-appreciation of evidence in cases of acquittal discussed – Contradictory statements made by the prosecutrix regarding the role...

Murder Acquittal Upheld – Criminal Appeal against Sessions Court Acquittal – Respondent acquitted of charges under Section 302 IPC – High Court finds no conclusive evidence of commission of the offence by the respondent, raises concerns about the credibility and sufficiency of prosecution evidence – Observes unnatural behavior and inconsistent testimonies of key witnesses &...

Criminal Procedure – Quashing of FIR – Settlement between parties – Petitioner sought quashing of FIR No.654/2021 dated 30.11.2021 under Sections 354D IPC, 1860, and Section 12 of POCSO Act, 2012 – Medical evidence indicating petitioner’s mental health issues – Settlement between parties – Father of the victim consenting to quash the FIR – Medical bo...

Companies Act Offense Jurisdiction – Cognizance of offenses under Section 447 of the Companies Act, 2013, can only be taken based on a complaint made by the Director, Serious Fraud Investigation Office (SFIO), or an authorized Central Government officer, not on a private complaint – Complaint under Section 447 by a shareholder held not maintainable on jurisdictional grounds. [Paras 22-...

Cheque dishonor under section 138 of NI Act - Dispute between Lokesh Thakkar and Amandeep Singh regarding investment and financial transactions - Amandeep Singh, as Director of M/s Shalini Securities Private Limited, issued 11 cheques amounting to Rs. 50 lakhs each, which got dishonored due to "Funds Insufficient" - Allegations and averments made against M/s Shalini Securities Private Li...