Sale Deeds Must Be Interpreted Literally When the Language is Clear and Unambiguous: Supreme Court    |     Non-Signatory Can Be Bound by Arbitration Clause Based on Conduct and Involvement: Supreme Court    |     Right to Passport is a Fundamental Right, Denial Without Justification Violates Article 21: Allahabad High Court    |     Insurance Company's Liability Remains Despite Policy Cancellation Due to Dishonored Cheque: Calcutta High Court    |     Deductions Under Sections 36(1)(vii) and 36(1)(viia) of the Income Tax Act Are Independent and Cannot Be Curtailed: Bombay High Court    |     Diary Entries Cannot Alone Implicate the Accused Without Corroborative Evidence: Supreme Court Upholds Discharge of Accused in Corruption Case    |     MACT | Fraud Vitiates All Judicial Acts, Even Without Specific Review Powers: Rajasthan High Court    |     Right of Private Defense Cannot Be Weighed in Golden Scales: Madhya Pradesh High Court Acquits Appellant in Culpable Homicide Case    |     If Two Reasonable Conclusions Are Possible, Acquittal Should Not Be Disturbed: Supreme Court    |     Kalelkar Award Explicitly Provides Holiday Benefits for Temporary Employees, Not Subject to Government Circulars: Supreme Court Upholds Holiday and Overtime Pay    |     NDPS | Homogeneous Mixing of Bulk Drugs Essential for Valid Sampling Under NDPS Act: Punjab & Haryana High Court    |     Pre-Arrest Bail Not a Right but an Exception: Himachal High Court Denied Bail In Dowry Death Case"    |     POCSO | Scholar Register Is Sufficient to Determine Victim’s Age in POCSO Cases: Madhya Pradesh High Court    |     Abuse of Official Position in Appointments: Prima Facie Case for Criminal Misconduct: Delhi High Court Upholds Framing of Charges Against Swati Maliwal in DCW Corruption Case    |     Service Law | Similarly Situated Employees Cannot Be Denied Equal Treatment: PH High Court Orders Regularization    |     Presumption of Innocence Remains Supreme Unless Clearly Overturned: PH High Court Affirming Acquittal    |     Any Physical Liaison with A Girl Of Less Than Eighteen Years Is A Strict Offense.: Patna High Court Reiterates Strict Stance On Sexual Offences Against Minors    |     Orissa High Court Rules Res Judicata Inapplicable When Multiple Appeals Arise from Same Judgment    |     Mandatory Section 80 Notice Cannot Be Bypassed Lightly:  Jammu & Kashmir High Court Returns Plaint for Non-Compliance    |     Bombay High Court Denies Permanent Lecturer Appointment for Failing to Meet UGC Eligibility Criteria at Time of Appointment    |     Deferred Cross-Examination Gave Time for Witness Tampering, Undermining Fair Trial: Allahabad High Court    |    

"CRIMINAL LAW" Digest

Negotiable Instruments – Cheque Dishonor – Condonation of Delay – Petition for quashing dismissal of complaint under Section 138 of NI Act – Cheque dishonored on 16.04.2012 – Legal notice dated 15.05.2012 returned unclaimed – Second legal notice sent on 02.06.2012 – Complaint filed on 16.07.2012 dismissed as time-barred – Court held that separate app...

Negotiable Instruments Act - Proprietorship Liability - Criminal Petition challenging summoning order and amended complaint under Section 138 of the NI Act - Sole proprietorship firm not initially arrayed as accused - Summoning order set aside and amended complaint filed - Held, sole proprietorship does not fall within the ambit of Section 141 of NI Act - Proprietor and proprietorship are one and ...

Criminal Law – Negotiable Instruments Act – Liability of Directors – High Court quashed proceedings against the director of a company under Section 138 NI Act due to the company not being made an accused and lack of averments in the complaint stating the director was responsible for the conduct of the business – Supreme Court affirmed, emphasizing the necessity of company b...

Excise Law - Quashing of FIR - Criminal Petition to quash FIR under Section 61 of the Punjab Excise Act, 1914 - FIR registered for possession of liquor without authority - Held, post-amendment by Punjab Act No. 10 of 2003, the adjudication of such offenses is within the jurisdiction of the Excise Department - FIR registered by police is void ab initio - Petition allowed - FIR and consequential pro...

Criminal Law - Delay in FIR and Material Contradictions - Criminal Appeal against acquittal - Case involving charges under Sections 420, 376, 328, and 506 IPC - Acquittal by trial court based on non-credibility of the prosecutrix's statements and absence of corroborative evidence - Held, delay in filing FIR and material contradictions in the statements of the prosecutrix, along with the failur...

Criminal Law - Quashing of Summoning Order and Complaint – Criminal miscellaneous petition against summoning order by trial court and subsequent affirmation by revisional court – Summoning of government officials for offenses under IPC without prior sanction under Section 197 Cr.P.C. – Allegations of illegal eviction and theft by government officials of PGIMS Rohtak – Supre...

Criminal Law - Essential Commodities Act - Non-Standard Fertilizer - Section 7 - Fertilizer (Control) Order, 1985 - Appeal against conviction under Section 7 for selling non-standard fertilizer - Samples taken were not in compliance with prescribed procedure - Prosecution failed to follow Schedule II guidelines - Entire case vitiated due to non-compliance - Appeal allowed, conviction set aside. [P...

Contempt of Court – Imprisonment Term – Applicant (contemnor) in continuous custody from February 3, 2020, seeks clarification on the commencement date of the six-month imprisonment term imposed by the Supreme Court’s order dated September 22, 2022 – Applicant contends term should start from February 3, 2020 – Supreme Court rejects contention, holding that custody in ...

Bond Forfeiture – Excessive Amount – Appellant, a daily-wage earner, furnished a bond of Rs. 500,000 under Section 107 CrPC for keeping the peace during Panchayat Elections – Allegations of illegal construction and obstruction of officials – Magistrate ordered forfeiture of the entire bond amount – High Court and Revisional Court upheld the order – Supreme Court...

Test Identification Parade (TIP) – Inadmissibility of TIP Conducted with Police Presence – Evidence of TIP is not substantive and is meant to corroborate in-court identification – TIP must be conducted without undue delay and without the accused being seen by witnesses beforehand – TIP conducted with police presence or after the accused is shown to witnesses invalidates its...