Non-Payment of Rent Does Not Constitute Criminal Breach of Trust: Calcutta High Court Administrative Orders Cannot Override Terminated Contracts: Rajasthan High Court Affirms in Landmark Decision Minimum Wage Claims Must Be Resolved by Designated Authorities Under the Minimum Wages Act, Not the Labour Court: Punjab and Haryana High Court Madras High Court Confirms Equal Coparcenary Rights for Daughters, Emphasizes Ancestral Property Rights Home Station Preferences Upheld in Transfer Case: Kerala High Court Overrules Tribunal on Teachers' Transfer Policy Failure to Formally Request Cross-Examination Does Not Invalidate Assessment Order: Calcutta High Court Calcutta High Court Rules: ‘NPA Classification Must Be Borrower-Wise, Not Account-Wise High Court of Kerala Denies Applications for Impleading Additional Defendants in Land Dispute Case Andhra Pradesh High Court Declares Vice Chancellor’s Reappointment Void Ab Initio Due to UGC Regulation Violations Rajasthan High Court Grants Interim Protection Against JDA's Demolition Drive Court Condemns Concealment: ‘Attempt to Mislead Court by Concealing Facts Is Deprecable No Enlargement of Coparcenary Shares After Final Decree in Partition Suit: Madras High Court Property Ownership Does Not Negate Right to Maintenance: Calcutta High Court Original Patta Was Never Received: Kerala High Court Dismisses Land Dispute, Orders Investigation Clear Title and Continuous Possession Are Crucial in Property Disputes: Madras High Court Exclusive Jurisdiction Clauses Must Be Enforced if Validly Agreed Upon: Punjab and Haryana High Court

"CRIMINAL LAW" Digest

Anticipatory Bail – Application under Section 438 Cr.P.C. for grant of anticipatory bail in a case involving alleged misappropriation and cheating in a government contract – Petitioners accused of not delivering the agreed quantity of rice, leading to financial loss to the department. [Para 1, 2] Arbitration Clause – Reliance on an arbitration clause in the contract by petitio...

Quashing of Proceedings – Section 482 Cr.P.C. – Petition for quashing complaint under Section 138 of the Negotiable Instruments Act 1881 – Complaint and subsequent summoning order challenged – Petitioner not a signatory to the disputed cheque, issued from a joint account with her husband. [Para 1, 2, 4]   Principal of Liability – Cheque Dishonour – Li...

Muslim Law – Maintenance and Stridhan – Overlapping claims under Section 125 Cr.P.C. and Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 concerning maintenance and dowry-like gifts – Conflicting judgments in concurrent proceedings leading to multiple claims by the wife for maintenance and dowry return – High Court, applying Supreme Court guidelines...

Quashing of FIR – Freedom of Speech and Religion – Petitioner sought to quash FIR for alleged offence under Section 295A IPC involving religious figures – FIR based on petitioner’s discourse about Sant Kabir Das and Guru Ravidas – Examination of discourse and historical texts reveals no malice or intent to insult religious beliefs – FIR and consequential proceed...

Bail Petitions in FIR No.437 – Assault and Robbery – Petitions filed under Section 439 Cr.P.C. for grant of regular bail in FIR No.437 registered under Sections 147, 149, 323, 307, 365, 379-B, 427, 506, 120-B IPC, and Section 25 of Arms Act. [Para 1]   FIR Details – Assault and Snatching Incident – FIR based on a complaint by Sohail, alleging assault by 20-30 per...

Quashing - Family Dispute and Criminal Proceedings – The petitioner, a professional doctor, faces charges under Section 498A IPC, based on allegations by his wife of mental torture and threats – Court observes the allegations are general and do not specifically contribute to the ingredients of cruelty as defined under the law – Proceedings perceived as part of a longer matrimonia...

Criminal Appeal – Modification of Conviction – Appellant convicted under Section 302 IPC for murder, sentenced to life imprisonment and fine – Appeal for converting conviction to Section 304 Part-I IPC based on facts and circumstances. [Para 1, 3, 4]   Dispute and Incident Description – Dispute over right of way leading to altercation and shooting – Appella...

Quashing of FIR – Compromise Between Parties: Application for quashing FIR. Settlement between original complainant, relatives of the deceased, and accused, leading to withdrawal of allegations. [Para 1, 3] Jurisprudence on Quashing Proceedings: Reference to judicial precedents for quashing proceedings in private disputes after settlement, even in cases of non-compoundable offences. [Para...

Criminal Procedure – Quashing of Proceedings – Alleged involvement in stolen vehicle case – Petitioner named Avishek Singhal implicated on basis of co-accused’s statement in Mirik Police Station Case No. 58/09 dated 08.08.2009 under Sections 411, 413, 414, 468, 471 IPC – High Court finds no substantive evidence corroborating the co-accused’s statement or connect...

Electricity Theft - Revisional Application for Quashing – Petitioner, owner of premises rented to a nursing home, charged under Section 135(1)(b)&(c) of the Electricity Act for alleged electricity theft through meter tampering – High Court dismisses application, emphasizing trial to ascertain veracity of allegations – Highlights petitioner’s continued role as consumer f...