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 - Bail – Murder - Section 302, 307, 120B, 109 of the IPC - Delay in Trial – Parity with Co-Accused – Bail Granted – The Petitioner, accused of shooting and killing one individual and attempting to murder another as part of a criminal conspiracy, had been in custody since 27.10.2018 – While a weapon allegedly used in the crime was recovered from the Petiti...

Criminal Law  – Supplementary Evidence – Production of CDs at Trial – Permissible Omission – Upheld – CDs seized before filing of original chargesheet but not produced due to inadvertence – Supplementary chargesheet filed with forensic report but without CDs – Supreme Court held omission not fatal – CDs could be produced later with court’s...

Criminal Law – Legality of Arrest – Habeas Corpus – Grounds of Arrest Provided – Appeal Dismissed - Appellant challenged arrest of his son as illegal under Article 22(1) and Section 47 of BNSS – Alleged non-disclosure of meaningful grounds of arrest and absence of sanction under Section 17A of PC Act – Supreme Court held: Grounds of arrest were communicated in s...

NDPS Act – Scope of Section 8 – Buprenorphine Hydrochloride Held to Fall Within Prohibited Substances – Interpretation Upheld – Dealing in psychotropic substances listed under the Schedule to the NDPS Act is prohibited, irrespective of their absence from Schedule I of the NDPS Rules – Sanjeev V. Deshpande clarified the true intent of the legislature and correctly over...

Criminal Law - Juvenile Justice – Conflict of Jurisdiction – JJ Act Overrides NIA Act – Trial by Children’s Court – Juvenile charged under UAPA and other severe laws—Despite being tried as adult under Section 18(3) JJ Act, Court held: JJ Act, 2015 has overriding effect over all laws including NIA Act—Trial must proceed before Children’s Court, not Sp...

Criminal Law - Rash and Negligent Driving – Conviction under Section 304A IPC – Sentence Modified – The appellant was convicted for causing death by rash and negligent driving – Trial Court sentenced him to six months’ imprisonment – Conviction affirmed by the First Appellate Court and High Court – Supreme Court upheld conviction but modified sentence by a...

Criminal Law - Juvenile Justice Act – Quashing - Applicability of Section 75 – Actual Charge or Control Requirement – Charge Quashed – The appellant, Chairman of the Managing Committee of a school, was summoned under Section 75 of the JJ Act for failure to install CCTV cameras as per Guidelines issued by the Directorate of Education following an incident of sexual assault o...

Matrimonial Law – Transfer of Matrimonial Case – Divorce by Mutual Consent – Petition under Section 25 CPC – Allowed in part - The Supreme Court exercised its power under Article 142 to dissolve the marriage between the parties despite pending transfer petition – Mutual consent for divorce recorded, and transfer petition was accordingly disposed of [Paras 1-3, 10-11, ...

Criminal Law  – Sections 303, 307 & 34 of the IPC – Appeal Against Conviction - Suppression of Exculpatory Evidence – Violation of Fair Trial – Acquittal Ordered – Appellants convicted of murder and attempted murder under IPC Sections 302 and 307 based on eyewitness testimonies of PW-4, PW-5, and PW-6 – However, affidavits submitted by PW-5, PW-6, and i...

Anticipatory Bail – Sections 318(4), 316(2), 61(1) of the Bharatiya Nagarik Suraksha Sanhita (BNS) - Economic Offence – Prima Facie Conspiracy to Defraud – Bail Denied – Applicant accused of conspiring with two others to induce ₹82 lakhs from a restaurateur under pretense of bribing BMC officials for title transfer—Held: Prima facie material including WhatsApp chats...