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 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 Murder Simpliciter Is Not A Motor Accident; Claim Under Motor Vehicles Act Requires Causal Link Between Death And Vehicle: Supreme Court Mere Involvement Of Car In Chain Of Circumstances Leading To Death Doesn't Attract Motor Vehicles Act: Supreme Court Proclaimed Absconder Cannot Seek Quashing Of Criminal Proceedings Under Section 528 BNSS: Allahabad High Court Magistrate Cannot Mechanically Discharge Accused Without Recording Reasons Under Section 239 CrPC: Calcutta High Court Trial Courts Must Strictly Follow Mandate Of Section 43D(5) UAPA To Record Prima Facie Finding Before Granting Bail: Delhi High Court Executive Cannot Impose Additional Eligibility Criteria For Statutory Appointments Beyond What Is Prescribed In Parent Act: Karnataka High Court Major Married & Earning Sons Entitled To Compensation For Father’s Death; Dependency Evaluated At Time Of Filing Claim: Gujarat High Court Remaining Extent Of Bequeathed Property After Prior Conveyances Can Be Partitioned Among Legal Heirs: Kerala High Court Exchanging Garlands Not A Recognized Mode Of Marriage; Notary Cannot Act As Marriage Officer: Madhya Pradesh High Court Suspends License

"CRIMINAL LAW" Digest

NDPS Act – Bail – Commercial Quantity – Section 37 Bar – Petitioner arrested with 150 bottles of Codeine-based syrup and found in possession of multiple contrabands at co-accused’s premises – Statement under Section 67 NDPS Act reveals trafficking and delivery role – Trial court framed charges under Sections 8, 8-A, 21(c), 22, 27-A, 29 NDPS Act – Pet...

Criminal Law – Cognizance – Quashing of Summoning Order – Dispute Related to Temple Management – Complaint alleged encroachment, criminal intimidation, and physical assault by petitioner due to a temple management dispute – Petitioner’s father had been appointed trustee of Kali Mandir by Bihar State Board of Religious Trusts – Prior civil litigation in fav...

Criminal Law – Grievous Hurt – Murder – Section 302 vs 326 IPC – Conviction Sustained under Lesser Charge – Accused Nos. 1 to 4, armed with deadly weapons, trespassed into family property and inflicted injury on deceased’s leg during a dispute – Victim died due to profuse bleeding from a grievous leg wound – Trial court convicted under Section 326 IP...

Criminal Law – Partnership Firm – Liability of Retired Partners – Cheating and Criminal Breach of Trust – Petitioners, former partners of “Malayil Financiers”, sought discharge from prosecution alleging that the offences occurred after their retirement from the firm on 30.04.1996 – Civil Court decree and Registrar of Firms’ communication produced bef...

Criminal Law – Quashing of FIR – Cross FIRs – Petition under Section 482 Cr. PC filed seeking quashing of cross FIR No. 389/2023 and summoning order dated 20.06.2024 – Petitioners contended that the cross FIR was retaliatory and lodged to counter their complaint (FIR No. 388/2023) arising from the same incident – Alleged contradictions and inconsistencies in the compl...

Criminal Law – Sections 265 and 266 IPC – Applicability of Legal Metrology Act – Charges for fraudulent use and possession of false weights and measures quashed – Held: In view of Section 51 of the Legal Metrology Act, 2009 and the Supreme Court’s decision in State of U.P. v. Aman Mittal (2019) 19 SCC 740, prosecution under IPC Sections 265 and 266 is barred where off...

Criminal Law – Bail after Conviction – Section 319 CrPC – Appellant not named in FIR nor chargesheeted after investigation – Later summoned under Section 319 CrPC based on testimony of PW1 and PW2 and convicted under IPC Sections 307, 149, 147, 148, and 506 – High Court rejected suspension of sentence – Supreme Court noted that appellant had initially been exone...

NDPS Act – Bail – Default Bail – Section 167(2) CrPC – Conditional Bail Improper – Petitioner arrested based on disclosure statement in a case involving 11 kg Ganja, classified as intermediate quantity – Trial Court granted default bail only till filing of FSL report – Held: It is legally unjustified to limit default bail to the filing of FSL report in cas...

Criminal Law – Abetment of Suicide – Conviction Set Aside – Appellant convicted under Section 306 IPC as mother-in-law of deceased who allegedly committed suicide nine years after marriage – Trial Court convicted appellant based on vague allegations of harassment – Held: No proximate or direct act of instigation or abetment proved against appellant – Essential i...

Criminal Law - Murder – Section 342 CrPC – Duty to Put Each Incriminating Circumstance – Trial Vitiated – At Sessions, the Judge merely read the committal examination and asked if it was correct – He did not question the accused about material circumstances emerging at trial (presence at Deohri, motive, extra-judicial confessions, dying declarations, and human blood o...