Victim’s Statement Under Section 164 CrPC Has No Substantive Value Without Court Testimony: Karnataka High Court Affirms Acquittal in POCSO Case Voice Recognition by Familiarity Can Sustain Conviction Even Without Spectrography: Gujarat High Court Upholds Life Sentence in Child Murder for Ransom Presumption of Legal Liability Stands Firm Once Signature on Cheque Is Admitted: Himachal Pradesh High Court Upholds Conviction in ₹6.5 Lakh Cheque Bounce Case State Cannot Overreach Final Judgments by Raising New Claims: Jharkhand High Court Holds Forest Officials Guilty of Contempt You May Build, But You Can't Claim Equity: Karnataka High Court Permits Construction Amid Partition Dispute — On One Condition Conviction Under Section 7 of Arms Act Requires More Than Assumption – It Requires Ballistic Proof: Rajasthan High Court Acquits Man of Graver Arms Charge Due to Lack of Evidence Non-Registration of the Project Does Not Defeat Allottee’s Right To Invoke RERA: Punjab & Haryana High Court Clarifies Scope of Section 31 of RERA Unpleasant Hospital Experience Does Not Make Out a Criminal Case: Delhi High Court Dismisses Patient’s Allegations of Cheating and Wrongful Restraint “You Can’t Punish an Employee Without Telling Him Why You Disagree with His Exoneration”: Bombay High Court Slams Port Authority for Violating Natural Justice Can a Magistrate Order Probe Without Sanction Under PC Act? Supreme Court Tags B.S. Yediyurappa Case to Larger Bench Amid Legal Uncertainty” Cheque Dishonour Settlement Won’t Affect Pending Arbitration Proceedings: Supreme Court Emphasizes Separation of Remedies Court Under Section 34 Cannot Modify or Partially Uphold Award — It Must Either Set Aside or Sustain It in Totality: Supreme Court Consent Decree Once Passed Cannot Be Challenged by Filing a Fresh Suit — Supreme Court Upholds Bar Under Order 23 Rule 3A CPC Eleven Years in Jail for a Seven-Year Sentence — Supreme Court Invokes Article 142 to Quash Life Term and Orders Immediate Release Arbitral Awards Passed After IBC Resolution Approval Are Nullities — Execution Cannot Override a Final Resolution Plan: Supreme Court Suspension of Sentence Cannot Override Trial Court’s Findings — Conviction Stands Unless Reversed: Supreme Court in POCSO Case Deemed Conveyance Cannot Extinguish Rights of Co-Owner — Competent Authority Under MOFA Has No Jurisdiction to Decide Title Disputes: Supreme Court Section 11 RFCTLARR Act Notification Alone Governs Compensation Date, No Judicial Discretion Allowed: Supreme Court on Land Acquisition Law Article 21 Is Not a Dead Letter — Prolonged Incarceration Overrides NDPS Bail Bar: Delhi High Court Orders Release of Five Youths Accused in LSD Smuggling, Denies Bail to Two Based on Weight, Role and Evidence

"CRIMINAL LAW" Digest

Criminal Law – Quashing - Abetment of Suicide – Section 306 IPC – Suicide Note Alleging Cheating – No Proximate Act – FIR Filed 39 Days After Death – Accusations Based on Alleged Discovery of Death Note – Court found delay unexplained and suicide note insufficient to establish instigation or abetment – Citing Prakash v. State of Maharashtra, held tha...

Anticipatory Bail – Bank Fraud – Section 438 Cr.P.C. – Accused Alleged to Have Withdrawn Rs.1.5 Crores – Petitioner added as A20 in large-scale financial fraud involving bank employees and misuse of overdraft and fixed deposit schemes – Court held that custodial interrogation necessary due to non-recovery of funds and lack of explanation – Bail denied [Paras 3&n...

Habeas Corpus – Detention or Voluntary Admission – Allegation of Illegal Custody – Petitioner contended that alleged detenue, a farmer leader on indefinite hunger strike, was illegally detained by the police while returning from a meeting with Government officials – State argued detenue was hospitalized due to health condition and was free to leave – Held: Detenue was...

NDPS Act – Bail Application – Prolonged Incarceration – Commercial Quantity – Application under Section 439 Cr.P.C. – Accused in custody since 31.10.2023 for offences under Sections 20(b)(ii)A, 22(c), and 25 of NDPS Act – Trial pending before Additional Sessions Judge-V, Thiruvananthapuram – Petitioner seeks bail citing prolonged incarceration and delay in...

Criminal Law – Quashing - Prevention of Corruption Act – Disproportionate Assets – Quashing Set Aside – Prima Facie Case Found – Respondent charged for possessing assets disproportionate to known sources of income (Rs. 26.88 lakhs) during 2001–2008 – Discharge and revision applications dismissed on merits – Supreme Court held quashing petition under ...

Criminal Law - Transition to BNSS – Interpretation of Section 531 – Date of Incident and FIR Crucial – Applications Maintainable Under CrPC Even If Filed After 01.07.2024 - High Court held that where the offence was committed and FIR registered prior to 01.07.2024, petitions filed under CrPC post this date are maintainable – Legislative intent and ejusdem generis rule suppo...

Criminal Law – Quashing - Cheque Dishonour – Section 138 NI Act - Suppression of Material Facts by Complainant – Complaint Quashed – Respondent filed complaint without disclosing crucial letters from accused requesting documents to respond to statutory notice – SC held: Suppression of relevant facts amounts to abuse of legal process – Complaint and cognizance qu...

Criminal Law - Quashing of FIR – Statement of Co-Accused – Not Grounds for Quashing at Initial Stage – Petition Dismissed – FIR against petitioner was based on statement of a co-accused regarding illegal liquor transport – Court held that though such statements are inadmissible at trial, they can form basis for initiating investigation – Held: At FIR stage, admi...

Criminal Law – NI Act – Territorial Jurisdiction – Rejection of Complaint Reversed – Post-Dasharath Jurisdiction Clarified – Trial Court rejected complaint on grounds that the cheque dishonour occurred outside its territorial jurisdiction – High Court held complaint maintainable since accused had appeared and pleaded “not guilty” before Dasharath Roo...

Anticipatory Bail – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act – Alleged Caste Slur Not in Public View – Bail Granted – FIR alleged that the appellant insulted the complainant with caste-based remarks and orchestrated an abduction conspiracy – Supreme Court noted absence of public view element necessary to invoke SC/ST Act provisions ...