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 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...

Bail Application – Second application for regular bail – Petitioner accused of committing an offence under Section 20(b)(ii)C of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Allegation of transporting contraband – Arrested with a significant quantity of Ganja – Search conducted between sunset and sunrise – Compliance of 2nd proviso to Section 42 of...

Quashing of FIR and Proceedings – FIR No. 46 Dated 11.05.2008 under Section 306/34 IPC – Suicide of Aruna Rani – FIR based on delayed statement of Paramjit Kaur citing harassment by 11 individuals – Suicide note in deceased’s handwriting but no direct evidence of abetment by named individuals – High Court finds no proximate link or clear mens rea for abetment &n...

Maintenance - Revision petition filed by the petitioner against the order of learned Additional Principal Judge, Family Court, District Uijain - Order dated 16.01.2020 rejecting the application filed by the petitioner under Section 127 of Cr.P.C for reduction in the maintenance amount awarded to respondent/wife and her son - Dispute arising from a matrimonial dispute and maintenance claim. [Para 1...

Criminal Law – Quashing of Charges – Section 482 Cr.P.C. invoked for quashing the charges framed against the petitioners under Sections 498-A and 323 IPC for alleged dowry harassment – Background involves the marriage of non-petitioner No.2 with Suresh Kumar Narania and subsequent accusations of cruelty and dowry harassment by her in-laws and sister-in-law – Charges of 406 ...

Transfer Petition – Section 482 Cr.P.C. – Petition filed for transferring FIR No. 133, dated 10th March 2022, to Central Bureau of Investigation or to a Special Investigation Team under the supervision of a Senior IPS officer. The case involves allegations of crimes punishable under Sections 452, 323, 506, 427, 120-B, 148, and 149 of the Indian Penal Code, 1860. [Para 1] Legal Abuse...