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 – Rape and Abduction – Appeal Against Conviction - Test Identification Parade – Procedural Lapse – Conviction Sustained – Though minor procedural lapses occurred in the test identification parade, Court upheld conviction based on corroborated eyewitness testimonies and forensic evidence – Held: Identification parade is a rule of prudence and non-adh...

Criminal Law – Murder - Appeals Against Conviction  - Sole Eyewitness – Contradictions in Testimony – Conviction Set Aside – Informant (PW3), wife of deceased, alleged dragging and joint assault by accused – Cross-examination revealed inconsistencies regarding sequence and participation – Medical evidence did not support claim of dragging – Held: Sole...

Criminal Law - Murder – Kidnapping for Ransom – Child Strangulated and Buried – Conviction Upheld – Appellant lured minor child to his home under pretense, strangled him with a cotton rope, and buried the body in a salt-lined tank – Strong circumstantial evidence including discovery of body and incriminating materials at appellant's instance corroborated the prose...

Criminal Law – Quashing Of Complaint – Section 482 of the Code of Criminal Procedure, 1973 - Property Dispute Among Co-owners – Complaint Quashed – Allegations of cheating, forgery, and conspiracy made by complainant against his co-owner relatives in relation to surrender of tenancy and execution of a memorandum of understanding—Court found dispute to be among family ...

Criminal Law - Murder – Section 302, Section 304 Part-I, 300, 323 of the IPC -  Sudden Fight – Exception 4 to Section 300 IPC – Conviction Modified – Appellant initially convicted under Section 302 IPC for killing his co-brother with an axe during a late-night altercation outside complainant’s home – Evidence revealed incident occurred following abuse and c...

Criminal Law - Bail – Sections 302, 201, 365, 34 of the IPC Section 3(2)(v-a) of the SCST Act - Prolonged Custody – No Witness Examined – Bail Granted – Appellant arrested in October 2023 in murder case involving Section 302 IPC and SC/ST Act – Challan presented, but no prosecution witness examined after over 1 year and 7 months – Held: In absence of progress in...

Criminal Law - Sections 420, 406, 467, 468, 473, 474, and 120B of the Indian Penal Code, 1860 - Quashing of FIR – Forged Lease Deed Used – FIR Restored – Allegation that accused used a forged lease deed to sell land and obtained ₹10 lakh as advance – Held: High Court erred in quashing FIR by relying on defence plea that accused were unaware of forgery or were willing to r...

Criminal Law - Bail – Custodial Period Considered – Serious Charges under IPC and IT Act – Bail Granted - Petitioner in custody since 05.03.2024 in relation to offences under IPC, IT Act, and Public Examination Act – Supreme Court considered prolonged custody and allowed bail with conditions – Trial Court directed to impose appropriate terms [Paras 2–4]. &nbs...

Criminal Law – Challenge Illegal Arrest – Non-production Before Magistrate Within 24 Hours – Arrest Declared Illegal – The petitioner was detained at Delhi airport on 17.05.2025 at 17:30 hours and was produced before the magistrate only on 18.05.2025 at 22:45 hours – Court held this exceeds the statutory 24-hour limit under Section 58 of BNSS and violates Article 22(2...

Writ - Passport Issuance – Pending Criminal Trial – Right to Possess Passport Distinct from Right to Travel – Petition Allowed - Petitioner facing trial under Section 15 of the NDPS Act – Trial Court permitted him to apply for passport but not to travel abroad – Passport authority denied issuance citing absence of departure permission under Section 6(2)(f) of Passport...