Abandoning Arbitration Proceedings Bars Fresh Section 11 Application On Same Cause Of Action: Supreme Court Department Must Lead Evidence, Examine Witnesses To Prove Charges Unless Employee Clearly Admits Guilt: Supreme Court Order IX Rule 13 And Section 96 CPC Have Distinct Scopes; Minor Unrepresented In Original Suit Can Seek Setting Aside Ex-Parte Decree: Supreme Court Minor Heir Cannot Be Expected To Respond To Public Notice Independently: Supreme Court Sets Aside Ex Parte Succession Certificate Supreme Court Restores Acquittal In POCSO Case, Holds DNA Evidence Not Infallible If Blood Sample Collection Is Disputed Bar Under Section 197 CrPC Applies At Stage Of Cognizance; Subsequent Notification Cannot Invalidate Valid Proceedings: Supreme Court State Cannot Apply Harsher Remission Policy Retrospectively To Deny Premature Release: Supreme Court Superficial Bail Orders In Dowry Death Cases Weaken Public Faith In Judiciary: Supreme Court Cancels Husband's Bail Non-Deposit of Balance Amount During Suit Doesn't Prove Lack Of Readiness: Bombay High Court Grants Specific Performance Of 1978 Oral Agreement Teacher Appointed In 'Pass' Graduate Category Entitled To Higher Pay Scale Upon Acquiring Master's Degree During Service: Calcutta High Court

"CRIMINAL LAW" Digest

Criminal Law – Rape and Gang Rape – Sole Testimony of Prosecutrix – Conviction can rest solely on testimony of prosecutrix if of sterling quality – Where testimony suffers from material contradictions, improvements and inconsistencies going to root of prosecution case, Court must seek corroboration – Failure to meet standard laid down in Rai Sandeep v. State (NCT of D...

Criminal Law – Grievous Hurt – Dangerous Weapon – Scope of Section 326 IPC – Petitioners convicted under Section 326/34 IPC for assaulting victim with bamboo stick and iron rod resulting in fracture at right elbow – Courts below held fracture proved by medical evidence and X-ray report – High Court held that though fracture attracts “grievous hurt” u...

NDPS Act – Regular Bail – Sections 20(b)(ii)(C), 20(C), 61 and 85 of the NDPS - Commercial Quantity – Petitioner implicated solely on disclosure statement of co-accused – 25.265 kg ganja recovered from co-accused – No recovery effected from petitioner – Petitioner not present at spot – Co-accused already granted regular bail – Investigation completed...

Criminal Law – Receiving Stolen Property – Section 411 IPC – Possession of 26 stolen motorcycles including 3 in subject case – Independent mediator (PW4) deposed regarding apprehension of accused and recovery – No explanation offered by accused for possession – Presumption under Section 114 Illustration (a) Evidence Act attracted – Conviction upheld [Paras...

Criminal Law – Private Complaint – Return of Complaint – Postal Address of Accused – Complaint alleging cyber defamation and online harassment returned by Magistrate for non-furnishing of accused’s postal address – Held: BNSS does not mandate furnishing of postal address as condition precedent for entertaining complaint – Complaint may be filed even agains...

Criminal Law – Limitation – Sections 468, 469(1)(c) and 473 CrPC – Complaint by Drugs Inspector regarding misbranded vaccine – Identity of accused emerged during investigation – Limitation to commence from date identity of offender became known – Complaint filed within three years from such date – Bar under Section 468 not attracted – High Court erre...

Bail – POCSO Offences – Right of Victim to be Heard – Bail granted to accused in case involving penetrative sexual assault on minor without issuing notice to victim – Section 40 POCSO Act read with Rule 4(13) to (15) of POCSO Rules, 2020 and Section 483(2) BNSS mandate intimation and participatory rights of victim – Held: Victim is entitled to notice and opportunity o...

Criminal Law - Motor Vehicle Accident – Death of 44 Passengers – Distinction between Section 304A and Section 304 Part II IPC – Stage carriage bus driven in over speed and rash manner – Passengers repeatedly warned driver to reduce speed – Driver refused stating bus was limited stop and must reach on time – Despite abnormal sound beneath bus and zig-zag movement...

Criminal Law – Suspension of Sentence – Life Imprisonment – High Court suspended sentence of life imprisonment solely on ground that more than 200 criminal appeals were listed daily and early hearing not possible – Held: Pendency of appeals and docket congestion cannot by itself be a ground to suspend substantive sentence of life imprisonment in serious offences like murder...

Bail – Assault on Public Servant – Allegation of dragging police constable on bonnet of moving car during lawful checking – Prima facie concerted act by occupants to obstruct official duty – Seriousness of offence and stage of investigation weigh against grant of bail – Role of applicant not found minimal at this stage – Bail rejected [Paras 7, 8, 12, 27]. Ba...