Wife Is Absolute Owner Of Streedhan, Taking It Away Does Not Attract Criminal Breach Of Trust Under Section 406 IPC: Allahabad High Court Government Need Not Adjudicate If Employee Is 'Workman' Before Referring Dispute To Labour Court: Gujarat High Court Bidder Cannot Be Disqualified For Submitting Certificate From Unspecified Agency If Tender Document Is Silent: Delhi High Court Driver Clicking Selfies With Licensed Firearm Doesn't Make Owner Liable Under Arms Act: Punjab & Haryana High Court Quashes FIR High Court Imposes Blanket Ban On Tree Felling In Haryana, Cites Impending Ecological Catastrophe Due To Dismal Forest Cover No Fresh Summons Needed For Legal Heirs If Suit Was Already Proceeding Ex-Parte Against Deceased Defendant: Allahabad High Court Serving Judicial Officer's Anticipatory Bail Denied in Theft From Deceased Judge's Home: "No Person, Whatever His Rank, Is Above Law" Missing Murder Weapon Not Fatal When Eyewitnesses Are Reliable - Brother Stabs Brother: Tripura High Court Advocate and Cop Conspired to Frame Innocent Witness in Fake Gang Rape Case: Delhi High Court Upholds Conviction, Calls It "Clear Abuse of Process of Law" Direction To 'Act In Accordance With Law' Does Not Determine Substantive Rights, Non-Impleadment Not A Ground For Review: Chhattisgarh High Court State Cannot Grab Citizen's Land For Road Construction Pleading Delay And Laches: Himachal Pradesh High Court "Bail Is Rule, Jail Is Exception" Principle Does Not Apply Post-Conviction: Jharkhand High Court Failure To Furnish Written Grounds Of Arrest Renders Arrest Illegal, Entitles Accused To Bail In NDPS Case: Supreme Court Medical Certificate On Reverse Side Of Dying Declaration Does Not Affect Its Sanctity: Supreme Court Supreme Court Directs All State Capitals To Conduct Inquiry Into Misuse Of Residential Areas For Commercial Purposes Tolls Collected By NHAI On National Highways Fall Exclusively Under Union List: Supreme Court Family Courts Lack Jurisdiction To Transfer Cases Inter-Se Under Section 24 CPC: Rajasthan High Court Section 138 NI Act | Cheque Bounce Complaint Cannot Be Dismissed At Threshold Merely For Non-Production Of Postal Track Report: Madhya Pradesh High Court Departmental Dismissal Based On Identical Evidence Discarded By Criminal Court Amounts To 'No Evidence': Orissa High Court Kerala Lok Ayukta Amendment Upheld: High Court Rules Lok Ayukta Is Not A Court, Its Declaration Can Be Changed To Recommendation Chief Minister's Press Conference Assurance Not Legally Enforceable Without Formal Executive Order: Delhi High Court Irretrievable Breakdown Of Marriage Amounts To Cruelty, Court Cannot Grant Permanent Alimony Suo Motu: Calcutta High Court Minor Contradictions In Wife's Evidence Are Usual In Cruelty Cases, Do Not Vitiate Prosecution Under Section 498A: Kerala High Court

"CRIMINAL LAW" Digest

Criminal Law - Appeal Against Acquittal – Principles of Double Presumption – Acquittal Upheld – The State filed an appeal against the acquittal of two accused charged under Sections 394/397/34/411 IPC for assaulting and robbing the complainant – The Trial Court acquitted the accused citing inconsistencies in identification, non-sealing of recovered items, and contradictory ...

Criminal Law  – Conviction under Section 304-A IPC – Sentence Modified – Appellant convicted for causing death by rash and negligent driving and sentenced to two years’ rigorous imprisonment – Appellant did not contest conviction but sought benefit of probation due to mitigating circumstances – Held: Trial Court rightly appreciated evidence for conviction &...

Criminal Law – Conviction Upheld – Sentence Modified – Probation Granted – Petitioner convicted under Sections 279, 304-A, and 337 IPC for causing death and injuries by rash and negligent driving – Sentenced to imprisonment and fine by Trial Court; conviction upheld by Appellate Court – In revision, petitioner restricted challenge to quantum of sentence – ...

Criminal Law - Maintainability of Second Petition – Abuse of Process – Section 482 CrPC – Petition Dismissed - The petitioner, having earlier challenged his arrest and failed, filed a second petition under Section 482 CrPC seeking quashing of the entire proceedings on similar grounds – Held: Filing successive petitions under Section 482 on same or similar grounds without ch...

Criminal Revision – Conviction for Negligent Driving – Revision Dismissed – The petitioner was convicted under Sections 279, 304-A IPC and Section 187 MV Act for rash driving that caused the death of a 4-year-old girl – His conviction and sentence were upheld by the Appellate Court – Held: In revision, re-appreciation of evidence is impermissible unless there is gross...

Criminal Law - Delay in Pronouncement of Judgments – Article 21 of the Constitution – Fundamental Right Violated - Inordinate delay of over two years in pronouncement of judgment after conclusion of arguments by the Patna High Court – Held: Delay violates the right to life and liberty under Article 21 – Supreme Court issued mandatory procedural guidelines for High Courts to...

Criminal Law - Murder – Common Intention – Section 302 read with Section 34 IPC – Conviction Upheld – Deceased Ram Chandra was attacked with sharp-edged weapons by the appellant and co-accused in broad daylight – The act followed an earlier murder case in which the deceased was assisting the accused's opponents – Held: Common intention to kill was proved thr...

Criminal Law - Sanction for Prosecution – Section 197 CrPC – Reasonable Connection Test – Prosecution Against Public Servant Without Sanction Permitted – Appellant, a former Secretary in the Government of Sikkim, challenged prosecution under IPC and Prevention of Corruption Act for acts related to award of contracts – Held: At this stage, the prosecution can proceed w...

Negotiable Instruments Act – Section 138 – Fresh Cause of Action Permitted if Earlier Notice Was Invalid – Appellant sought to quash prosecution under Section 138 NI Act on the ground that a prior notice had already been sent and no complaint was filed within the statutory period – Held: The earlier notice dated 1.12.1995 was not issued within 15 days of dishonour of cheque...

Murder – Circumstantial Evidence – Section 302/34 IPC – Conviction Upheld – Son of the deceased had entrusted the appellant with the care of his mother before leaving on pilgrimage – Deceased found murdered and robbed – Prosecution proved a complete chain of circumstantial evidence including last seen theory, absconding conduct, recovery of stolen ornaments, and...