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

NDPS Act – Bail – Section 27A – Illicit Traffic – Misuse of Provision – Bail Allowed – Petitioners, one seeking anticipatory bail and the other regular bail, were arraigned under Section 27A NDPS Act based solely on recovery of heroin (5g and 21g) and INR 1000 in cash – Court found that the investigating agencies invoked Section 27A without prima facie evi...

Criminal Trial – Murder – Identification Evidence – Dock Identification After 8½ Years – Invalid TIP – Procedural Irregularities in Video-Conference Testimony – Recovery Not Connected to the Crime – Bloodstains Not Matched – Hostile/Infirm Evidence – Held: Conviction unsustainable; prosecution failed to prove guilt beyond reasonable doub...

Criminal Law – Quashing of Proceedings – Securities Market Fraud – Consent Order by SEBI – Not a Bar – Petitioners sought quashing of FIR alleging conspiracy in IPO scam through fraudulent demat accounts to corner retail investor quota – Alleged offences under IPC include cheating, forgery, and criminal breach of trust – Petitioners contended SEBI's co...

Criminal Law – Dishonour of Cheque – Appeal Against Acquittal – Complainant filed appeal challenging acquittal of accused under Section 138 of the Negotiable Instruments Act – Accused issued cheque for ₹4,00,000 towards alleged discharge of liability – Trial court convicted accused – Appellate court (Sessions Court) acquitted her – High Court held: Acqui...

Criminal Law – Summoning Of Call Detail Records (CDR) Of Investigating Officers - Electronic Evidence – Fair Trial – Appellant accused of possession of heroin and alprazolam, arrested by NCB officers near Yashica Palace hotel, Indore – Appellant disputed arrest location and sought mobile tower location and call data records of the arresting officers to demonstrate they were...

Criminal Law – Section 94 BNSS – Right to Fair Trial – Electronic Evidence – Application under Section 94 BNSS seeking preservation of mobile tower location and CDR of SHO’s mobile number for specified duration prior to and after alleged contraband recovery – Trial Court rejected application – Held: Accused entitled to summon relevant electronic records ne...

Criminal Law – Quashing of Criminal Proceedings – Cognizance under Section 186 IPC – Magistrate cannot take cognizance for offence under Section 186 IPC except upon a written complaint by the public servant concerned or their administrative superior as mandated by Section 195(1)(a) CrPC – Police report filed by Sub-Inspector in absence of such complaint cannot be treated as...

Criminal Law – Murder Trial – Acquittal – Appellants convicted by Trial Court for murder of victim based on eyewitness testimony of victim’s wife and recovery of firearm – Prosecution alleged that appellants came on a black motorcycle and shot the victim in front of his wife – Medical evidence confirmed bullet injuries – High Court found inconsistencies in...

Criminal Law – Sections 307, 323, 504, and 506 IPC - Acquittal – Appeal under Section 419 BNSS – Sole testimony of injured complainant not supported by medical evidence – Delay of 16 days in initiating prosecution remained unexplained – No independent witness produced despite being named – Suppression of fact that accused had also sustained injuries and police p...

BNSS – Quashing of FIR – Compromise – Dacoity Allegation – Absence of Dishonest Intention – All property returned – FIR lodged against unknown persons – High Court erred in sustaining Section 310(2) BNS (dacoity) despite quashing other offences – Held: Allegations do not satisfy ingredients of theft/robbery/dacoity; entire FIR quashed under Article 1...