Retrospective Withdrawal Of Tax Exemption Valid But No Penalty Or Interest For Past Period: Supreme Court Inclusion Of Royalty, DMF & NMET In 'Sale Value' To Compute Mining Dues Is Not Arbitrary Or Ultra Vires: Supreme Court Retracted Confession Cannot Form Foundation Of Conviction Without Strong Independent Corroboration: Supreme Court "Denial Of Legal Representation Strikes At The Root Of Fair Trial": Supreme Court Quashes Death Penalty In 1996 Samleti Blast Case, Orders De-Novo Trial Meaningful Pre-Prosecution Opportunity Notice Under FERA Is Mandatory, Cannot Be Mere Notional Compliance: Supreme Court Keeping Accused In 'Suspended Animation' Indefinitely Violates Article 21: Supreme Court Quashes 23-Year-Old FERA Complaint Over Inordinate Delay Interlocking Settlement Clauses Must Be Read Harmoniously; General Obligation To Maintain Child Cannot Rewrite Consent Decree: Supreme Court General Obligation To Maintain Cannot Be Invoked In Execution To Rewrite Concluded Settlement Terms: Supreme Court Wrong Statement" Not Always A "False Statement": Supreme Court Quashes Perjury Prosecution Over Typographical Errors In Pleadings High Court Cannot Improve Lower Court's Defective Section 340 CrPC Order In Appeal Filed By Aggrieved Party: Supreme Court Supreme Court Slams MHA's 'Apathetic Pen-Pushing' And Misinterpretation Of UPSC Advice, Grants Relief To Retired CRPF Officer Tenant Cannot Dictate Landlord's Choice Of Premises, Subjective Choice Over Alternative Accommodations Must Be Respected: Supreme Court "One Man's Trash Is Another Man's Treasure": Supreme Court Says Landlord's Choice Of Accommodation Must Be Respected, Revisional Court Can't Reappreciate Evidence Non-Recovery Of Dead Body Not Fatal To Murder Conviction If Other Evidence Proves Guilt: Supreme Court Courts Cannot Import Limitation Period Into Special Statute If Legislature Has Refrained From Prescribing One: Calcutta High Court Drawing NDPS Samples At Spot Instead Of Before Magistrate Merely A Procedural Irregularity, Does Not Vitiate Trial: Supreme Court Expert Opinion Not Sole Consideration, JJ Board Must Independently Assess All Material During Section 15 Preliminary Assessment: Supreme Court Offence Under Section 302 IPC Is A 'Heinous Offence' Under JJ Act; Life Imprisonment Implied As Minimum Punishment: Supreme Court No Demolition Of Accused's Property For Two Years Following FIR To Check 'Retributive' Action: Allahabad High Court Admission Of 'Making' A Will Not An Admission Of Its 'Genuineness': Delhi High Court Refuses Partition Decree Based On Counsel's Statement Direct Section 156(3) CrPC Application Before Exhausting Police Remedies A 'Procedural Irregularity', Not Illegal: Bombay High Court Ex-Parte Decree Obtained By Suppressing Vital Facts Is Nullity; Executing Court Can Examine Fraud Under Section 47 CPC: Andhra Pradesh High Court Revenue Authorities Cannot Cancel Long-Running Jamabandi, Only Competent Civil Court Can Decide: Jharkhand High Court Agency Terminates On Principal's Death; Power Of Attorney Holder Cannot Execute Gift Deed Without Explicit Authority: Gujarat High Court Cheque Issued As Security Towards Loan Repayment Attracts Section 138 NI Act If Debt Exists On Presentation Date: Himachal Pradesh High Court NDPS Act | Prosecution Cannot Rely Solely On Co-Accused's Statement When No Contraband Recovered From Accused: Calcutta High Court Quashes Criminal Proceedings Trial Courts Obligated To Consider Applications For Service Of Summons Via Email If High Court Circulars Are Complied With: Karnataka High Court Photographs Showing Wife Wearing Jewellery 'Cut The Root' Of Her Claim That Husband Misappropriated Gold: Kerala High Court Section 138 NI Act: Blank Cheques Obtained Under Coercion Do Not Constitute Legally Enforceable Debt: Madras High Court Cannot Presume Future Publications Will Be Defamatory: Delhi High Court Vacates Gag Order Against 'The Wire' In Former Chief Secretary's Suit Wife Cannot Claim 'Victim Card' For Cruelty Over Character Aspersions When Unchallenged Findings Show Her In Adulterous Act: MP High Court Agent Personally Liable On Cheques If Undisclosed Principal Cannot Be Sued; Plea Of Police Coercion Needs Proof: Kerala High Court Section 217 CrPC Not A Mere Formality; Trial Court Must Judicially Decide Plea To Recall Witnesses Upon Alteration Of Charges: Madras High Court First Appellate Court Must Address Suspicious Circumstances Surrounding Execution Of Will; Adverse Inference To Be Drawn If Propounder Fails To Testify: Himachal Pradesh High Court Passing Contrary Orders On Identical Land Acquisition Cases Violates Public Policy, Equal Treatment: Madhya Pradesh High Court Municipal Authorities Cannot Adjudicate Title Disputes While Granting Building Permissions: Telangana High Court Statutory Insurance Companies Can’t Be Treated As Illiterate Litigants; Procedural Red Tape No Ground To Condone Delay: Orissa High Court Section 22 Hindu Succession Act Applies To Agricultural Land; Right Of Pre-Emption Is An Incident Of Succession: Supreme Court Proceedings Under Senior Citizens Act Extinguish On Death Of Applicant, Civil Remedies Apply For Property Disputes: Punjab & Haryana High Court Being A Woman Not A Ground For Bail In Heinous Crimes Against Minors: Gujarat High Court Rejects Bail In Flesh Trade Case Woman Not Entitled To Maintenance Under Section 125 CrPC If First Marriage Subsists; Illegitimate Child Entitled: Allahabad High Court Contract Workers Performing Same Duties As Regular Staff Entitled To Minimum Regular Pay Scale Under CLRA Rules: Bombay High Court Power Of Review Is To Correct Mistakes, Not Substitute Views Or Act As 'Appeal In Disguise': Kerala High Court Futile Exercise Of Jurisdiction To Proceed With Contempt For Violating Ex-Parte Order Once It Is Vacated On Merits: Karnataka High Court Threat To Force Wife Into Prostitution Strikes At Core Of Human Dignity: Gujarat HC Denies Anticipatory Bail In Abetment To Suicide Case Injured Victim's Testimony Carries Built-In Guarantee Of Truthfulness, Requires No Corroboration For Conviction: Allahabad High Court Section 138 NI Act Offence Can Be Compounded At Revision Stage Under Section 147 Read With Section 320 CrPC: Punjab & Haryana High Court Suit For Declaration Involves All Co-Owners; Limitation Plea Cannot Be Decided At Interlocutory Stage Of Impleadment: Telangana High Court Mother Claiming Financial Capacity To Get Child Custody Cannot Fasten Entire Financial Burden On Father: Allahabad High Court Invalidity Of One Ground Does Not Vitiate Entire Detention Order Under PIT NDPS Act If Other Grounds Are Sustained: Andhra Pradesh High Court Silence Until Pregnancy Detection & Lack Of DNA Evidence Casts Doubt On Prosecution Case: Calcutta High Court Acquits Father In POCSO Case Mere Proof Of Proper Dispatch Sufficient: Bombay High Court Says Trade Marks Registrar Need Not Prove Actual Delivery Of Renewal Notice Casteist Remarks Inside Private Office Without Independent Witnesses Do Not Attract SC/ST Act: Delhi High Court Private Property Transfer Not Void Under Section 64 CPC If Made Before 'Effective' Execution Of Attachment Warrant: Karnataka High Court Statement Under Section 164 CrPC Is Not Substantive Evidence, Cannot Be Sole Basis For Conviction When Victim Turns Hostile: Madras High Court Second Wife Not Entitled To Family Pension, But Children From Void Marriage Can Claim Share: Kerala High Court Legal Representatives Cannot Withdraw Admissions Made By Deceased Defendant By Filing Fresh Written Statement: Madhya Pradesh High Court Police Can Search & Seize Suspected Proceeds Of Crime Even Without Warrant Under Section 185 BNSS: Orissa High Court Mere Photographs With Co-Accused Don't Establish Intent To Commit Terrorist Act: Punjab & Haryana High Court Grants Bail Under UAPA Transfer Is An Ordinary Incident Of Service, No Employee Has A Vested Right To A Specific Posting: Punjab & Haryana High Court Accused Cannot Seek Quashing Of Case Under Section 528 BNSS While Suppressing Pending Non-Bailable Warrants: Telangana High Court

"CRIMINAL LAW" Digest

Criminal Law – Quashing of Proceedings – Domestic Violence – Maintainability – Appellants approached High Court under Section 528 of BNSS (earlier Section 482 Cr.P.C.) seeking quashing of proceedings under Section 12(1) of the DV Act – High Court dismissed the petition as not maintainable – Supreme Court held that the law on maintainability is settled in Shaurab...

Criminal Law – Prevention of Corruption – Abetment – Section 12 P.C. Act – Allegation that 4th accused paid bribes on multiple occasions to 1st accused supported by bank records, remittance slips, FSL report and witness testimony – Held: Prima facie case made out – Discharge rightly rejected by Special Court – High Court affirmed refusal to discharge [Para...

NDPS Act – Appeal Against Acquittal – Acquittal Upheld – Prosecution case based on recovery of 1 kg 50 grams charas from each accused – Trial court acquitted accused due to contradictions in evidence – High Court found inconsistencies in timing of arrest, packing and sealing procedure, and absence of independent witnesses – Held: Prosecution failed to establish ...

Criminal Law – Quashing of FIR – Civil Dispute Allegedly Converted into Criminal Case – FIR Discloses Prima Facie Cognizable Offences – Petition Dismissed – Petitioner approached for quashing of FIR under Sections 451, 504, and 34 IPC alleging false implication in a dispute over car repair charges – Held: FIR allegations show petitioner, along with co-accused, f...

Constitution of India – Article 226 – Right to Know About FIR – Liberty to Approach Police – Petitioner's claim of FIRs based on online content attributed to him – Petitioner sought details of FIRs purportedly registered following publication of videos critical of the Chief Justice of India – State unable to confirm petitioner’s involvement based on so...

Juvenile Justice – Bail to Child-in-Conflict-with-Law – Rejection of Bail Without Material Justification – Set Aside – Petitioner aged 17 years 4 months at time of alleged offence under Sections 103(1) and 61(2) BNS – Bail rejected by Juvenile Justice Board and Sessions Judge solely on basis of seriousness of allegations and apprehension of absconding – Held: Su...

Criminal Law – Quashing - Defamation – News Broadcast – Section 499 IPC – Criminal Intent – Mens Rea – Debate telecast on “Times Now” dated 19.02.2016 hosted by Arnab Goswami described respondent as “Gunda Lawyer”, “Hooligan” and “Rogue Lawyer” – Complaint alleged imputations harmed reputation – Held: O...

Negotiable Instruments Act – Section 138 – Adjustment of Payment – Convict sought adjustment of ₹33,10,000 recovered by complainant in civil execution proceedings towards compensation of ₹1.5 crore imposed in criminal proceedings under Section 138 NI Act. Held: Section 357(5) CrPC permits adjustment of compensation paid or recovered in one proceeding against another relating ...

Criminal Law – Murder – Acquittal – Appeal by State against acquittal of accused under Section 302/34 IPC for alleged murder of Vijay Kumar by head injury inflicted during a drunken altercation over unpaid debt – Prosecution relied on oral dying declarations made to family members – Medical evidence (PW2, PW3, PW6) confirmed deceased had 276.79 mg% blood alcohol and w...

Criminal Law – Bail – MCOCA and UAPA - Prolonged Incarceration – Constitutional Rights – Terror Case – Appellant accused of providing shelter to co-accused in 13/7 Mumbai bomb blasts – In custody for over 13.5 years – Trial commenced in 2021, only 167 out of 400 witnesses examined in over 4.5 years – Court held that indefinite pre-trial detention vio...