No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Law of Limitation Binds All Equally, Including the State: Allahabad High Court Dismisses Review Petition with 5743 Days’ Delay Once Selected, All Are Equals: Allahabad High Court Slams State for Withholding Pay Protection From Later Batches of Ex-Servicemen Constables Non-Compliance With Section 42 of NDPS Act Is Fatal to Prosecution: Punjab & Haryana High Court Acquits Two Accused In 160 Kg Poppy Husk Case Identification Vitiated, Diamonds Not Produced, Last Seen Theory Unreliable: Bombay High Court Acquits Two in 2011 Diamond Courier Murder Deposit of ₹5100 Crores Brings Quietus to Entire Criminal Web of Proceedings: Supreme Court Exercises Extraordinary Powers to Quash All Cases Against Hemant Hathi in Landmark Settlement-Driven Order Presumption Under Section 139 Can't Be Rebutted Pre-Trial: Supreme Court Restores Cheque Bounce Complaint Quashed By Patna High Court Supreme Court Invokes Article 142 to End Discrimination Against Ad-Hoc Employees in Allahabad High Court: Orders Reinstatement and Regularization Supreme Court Declares CSR a Constitutional Duty to Protect Environment: Orders Undergrounding of Powerlines in Great Indian Bustard Habitat A Minor’s Sole Testimony, If Credible, Is Sufficient for Conviction: Supreme Court Upholds Child Trafficking Conviction Under IPC and ITPA You Can’t Invent Disqualifications After the Bid: Supreme Court Holds Joint Venture Experience Can’t Be Ignored in Tenders High Court Can't Re-Appreciate Evidence or Rewrite Contract to Set Aside Arbitral Award: Supreme Court Reinstates Award Under Quantum Meruit Once Arbitration Invoked, Criminal Prosecution Cannot Be Weaponised in Civil Disputes: Supreme Court Quashes FIR Against Former Director in Rent Row Section 319 CrPC | Pursuing Legal Remedies in Higher Forums Is Not ‘Evasion of Trial’; Custody Not Required for Summoned Accused: Supreme Court Order 21 Rule 90 CPC | Undervaluation or Procedural Lapses Constitute ‘Material Irregularity’, Not ‘Fraud’; Separate Suit to Bypass Limitation Impermissible: Supreme Court Order 21 CPC | Separate Suit Challenging Auction Sale Barred for Pendente Lite Transferees; Remedy Lies in Execution Proceedings: Supreme Court Non-Signatories Cannot Force Arbitration: Supreme Court Blocks Claim by Sub-Contractor Against HPCL Resignation Forfeits Pension Rights, But Gratuity Is Statutory: Supreme Court Partly Allows Appeal of DTC Employee’s Legal Heirs Appellate Courts Can’t Blanket-Exempt Convicted Directors from Deposit under NI Act Merely Because Company Wound Up: Supreme Court Refers Interpretation of Section 148 to Larger Bench Inordinate Delay Cannot Be Condoned Without Reasons: Supreme Court Slams Madhya Pradesh High Court for Casual Approach in Condoning 1612 Days’ Delay Constitutional Rights & Witness Protection | State Authorities Cannot Victimise Litigants for Approaching Court: Supreme Court Review Jurisdiction is Not an Appeal in Disguise: Supreme Court Dismisses Konkan Railway’s Plea Over Employee’s Resignation Withdrawal Agreement to Sell Does Not Create Any Right in Property, Hence No Right to Compensation on Acquisition: Allahabad High Court Sexual Harassment Complaint Can Be Inquired by ICC at Woman’s Workplace Even if Accused Works Elsewhere: Supreme Court Settles Jurisdiction Under POSH Act Mandate Expired, Arbitrator Functus Officio: Supreme Court Orders Substitution After Delay in Arbitral Award

"CRIMINAL LAW" Digest

Criminal Law - Criminal Misappropriation – Forgery – Bitumen Supply Scam – Conviction Upheld – Appellant, proprietor of M/s Cosmo Transport, found guilty of misappropriating bulk bitumen meant for Saharsa Division using forged supply orders and CRCs – Approver (PW-5) testified that documents were forged under appellant’s instructions – Evidence established...

Criminal Law – Murder – Appeal Against Conviction - Eyewitness Credibility – Testimony of Relatives – Caution Required - Conviction Based Solely on Eyewitnesses Set Aside - The prosecution relied mainly on two eyewitnesses (PW11 and PW12), both children of the deceased – PW11 admitted to being tutored by police, while PW12’s presence at the scene and injury clai...

Criminal Law – Attempt to Commit Rape – Prima Facie Case Not Made Out – Summoning Order Modified – The revisionists were summoned for attempt to commit rape (Section 376 read with Section 18 of POCSO Act) based on allegations that they grabbed the victim’s breasts, broke the string of her lower garment, and attempted to drag her beneath a culvert – The Court hel...

Bail – Jurisdiction of Magistrate – Offences under SC/ST Act and IPC Section 409 – Bail Order Set Aside - The learned Magistrate rejected remand of accused but also granted bail in offences triable by Sessions/Special Court including under SC/ST Act and Section 409 IPC – Held: Though rejection of remand was within discretion of Magistrate, granting bail was beyond jurisdict...

Criminal Law – Murder – Appeal Against Conviction  – Circumstantial Evidence – Last Seen Theory and Recovery of Bloodstained Articles – Conviction Set Aside - Appellant was convicted for murder of his foster daughter based solely on circumstantial evidence – Prosecution relied on last seen theory, recovery of bloodstained pant, and alleged improper motive &...

Criminal Law - Sanction for Prosecution – Cognizance under Section 120-B IPC in Absence of PC Act Sanction – Cognizance Set Aside – Petitioner, a public servant, was summoned for conspiracy to commit offence under Section 7 of the PC Act despite competent authority declining sanction under Section 19 – Court held that where the object of the alleged conspiracy is an offence...

Criminal Law – Murder – Conspiracy – Appeal against acquittal – Deceased, an office bearer of JDU party, murdered by accused persons due to political rivalry – Prosecution alleged conspiracy and participation of 10 accused persons – Trial court acquitted all accused – High Court, upon appeal by State and de facto complainant, found that evidence of injured...

Criminal Law – Honour Killing – Caste Bias – Brutal Murder of Inter-caste Couple – Convictions Upheld – Victims, a Dalit boy and a Vanniyar girl, were forcibly administered poison by family and community members due to opposition to their marriage – Deaths concealed initially with police connivance – Trial Court convicted 13 accused including 2 police offi...

Criminal Law - Death Penalty – Inadequate Legal Representation – Violation of Article 21 of Constitution – De novo Trial Ordered - The Court found that the convict was deprived of adequate legal assistance throughout the trial due to frequent change of legal aid counsel, perfunctory cross-examinations, and failure to provide proper defence – This amounted to a violation of ...

Criminal Law - Anticipatory Bail – Property Dispute – Forcible Entry Allegations – Bail Granted with Stringent Conditions - Petitioners accused of engaging lawyers to forcibly take possession during a property dispute under the guise of an injunction order – Court noted prima facie evidence suggesting misconduct by lawyers acting as henchmen – Held: Arrest not require...