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

Default Bail - Grant of default bail under Section 167(2) of the Code of Criminal Procedure - Petitioner filed a petition under Section 482 for setting aside an order resulting in miscarriage of justice - Facts involve an FIR registered for carjacking and subsequent arrest of the petitioner - Police did not present the challan within 60 days - Petitioner moved for default bail on the 61st day - Ch...

Appeal against conviction – Appellants convicted for offenses under Sections 306 and 498A of IPC – Revision petitioners challenged the judgment in appeal – Conviction under Section 498A of IPC not sustainable due to absence of valid marital relationship – Ext.P3 agreement not a substitute for a legally valid marriage – Validity of marriage depends on various factors i...

Criminal Procedure - Regular Bail - Accused (petitioner) seeking regular bail in a case involving charges under Sections 384, 387, 504, 506, 507, 201, 109, 120B, 364A, 397 of IPC and Sections 3(1)(ii), 3(2), 3(4), and 3(5) of KCOCA - Petitioner has been in custody for over 4 1/2 years - Material witnesses have not linked the petitioner to the alleged offenses - Allegations against the petitioner l...

Criminal Appeal – Bail – Accused No.3 seeks bail in a case involving serious charges under Sections 376(2)(n), 376(DA), 376(3), 201, 202, 506 r/w 34 and 37 of IPC, Sections 17, 5(L), 6 of POCSO Act, 1989, Section 3(f) and Section 7 of Religious Institution Prevention of Misuse Act, 1988, and Section 75 of the Juvenile Justice (care and protection of Children) Act 2015 – Accused c...

Amendment of Complaint – Prohibition in Criminal Procedure – Held, amendments in criminal complaints, particularly regarding substantial aspects like cheque dates, are not permissible under the Criminal Procedure Code. Cites absence of provisions allowing such amendments. [Para 8-14] Typographical Error in Complaint – Not a Simple Infirmity – Examines the distinction bet...

Quashing of FIR  – Application under section 482 Cr.P.C. for quashment of FIR – FIR lodged by the wife against the husband and other family members for offences under sections 498-A, 506, 34 of IPC read with section 3/4 of the Dowry Prohibition Act – Allegations of harassment for dowry and mental cruelty – Applicants sought quashment of FIR on grounds of vague and gene...

Petition under Section 378(3) of the Cr.P.C. by Tata Power Delhi Distribution Limited against the acquittal of the respondent in case involving alleged electricity theft under Sections 135, 138, and 150 of the Electricity Act – High Court upholds acquittal, finding that the trial court correctly identified flaws in the forensic report and expert testimony – High Court concludes that pe...

Delay in Filing Revision – Criminal Revision filed 275 days late due to reasons stated in an affidavit and condoned based on mutual consent of parties – Crl. Misc. Delay Condonation Application No. 01 of 2024 allowed. [Para 3]   Bigamy Allegations – Revisionist, accused of solemnizing a second marriage without divorce from the first spouse, presents evidence of long se...

Interim Compensation under Section 143A NI Act – Questions on Discretionary Nature – Various petitions filed challenging orders of Metropolitan Magistrates directing the petitioners to pay interim compensation ranging from 10% to 12% of dishonoured cheque amounts - The petitions dispute the interpretation and application of Section 143A of the NI Act concerning its mandatory or discret...

Interim Compensation under Section 143A NI Act – Questions on Discretionary Nature – Various petitions filed challenging orders of Metropolitan Magistrates directing the petitioners to pay interim compensation ranging from 10% to 12% of dishonoured cheque amounts - The petitions dispute the interpretation and application of Section 143A of the NI Act concerning its mandatory or discret...