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 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

Appeal against Acquittal – Section 417 CrPC – Scope of Appellate Powers – Presumption of Innocence Reinforced – The Sessions Judge acquitted the accused after detailed analysis of evidence, finding prosecution witnesses unreliable and defence of private right plausible – The High Court reversed the acquittal in a summary manner without displacing trial court’s r...

Criminal Trial – Joinder/Misjoinder of Charges – Sections 233, 234(1) & 235 CrPC – Appeal Dismissed – Appellant argued that trial was vitiated by misjoinder as he was effectively tried for four offences though only three charges framed – Held: The second charge (firing one shot at two persons) constituted a single “offence” as it arose from one act of ...

Criminal Trial – Conviction for Uncharged Offence – Sections 236–237 CrPC – Section 326 IPC – Conviction Upheld – Accused charged under Section 307 IPC but evidence established an offence under Section 326 IPC – Held: Where facts could have justified framing alternative charges under Sections 307 and 326 IPC, Section 237 CrPC authorises conviction for the ...

Appeal against Conviction for Murder – Article 134 Constitution – CrPC Sections 208, 209, 287, 342 – Evidence Act Section 1 – Acquittal on Benefit of Doubt – Two brothers convicted of murdering Shiv Singh – One (Bheru) consistently admitted firing; the appellant (Hate) consistently denied complicity – Supreme Court held that the prosecution evidence did no...

  Criminal Revision – Service of Notice on Foreign Entity – Section 105 CrPC – Not Mandatory – UBS Switzerland AG, de facto complainant in a criminal case involving misappropriation of pledged goods worth Rs. 55 crores, challenged the order dispensing with notice under Section 105 CrPC on ground of international reciprocity – Held: Section 105 CrPC deals with ...

Criminal Revision – Scope – Revisional jurisdiction under Section 397 CrPC is supervisory, not appellate – interference permissible only in cases of patent defect, error of jurisdiction, perversity, or non-consideration of material evidence – High Court cannot reappreciate evidence to substitute findings of fact unless perverse  [Paras 13-18]. Section 498A IPC &ndas...

Mines and Minerals (Development and Regulation) Act, 1957 – Section 21 read with Section 22 – Cognizance – Complaint Requirement – Charge on Police Report Quashed – Petitioner charged under Sections 379, 411 IPC and Section 21 MMDR Act read with Rule 54 JMMC Rules – Cognizance taken based on police report – Held: Section 22 MMDR Act imposes a statutory bar...

NDPS Act – Compliance with Section 50 – Personal Search – Validity of Conviction – Accused alleged total non-compliance with Section 50 – Evidence of PW10 (main raiding officer) confirmed that accused was informed of his right to be searched before a Magistrate or Gazetted Officer – Corroborated by PW5 and PW9 – Casual wording in PW1's testimony not fa...

Criminal Law – Murder – Bail – Circumstantial Evidence – Applicant accused of murdering the deceased by beheading him and disposing of body parts in gunny bags – FIR registered under Sections 302 and 201 IPC – Application under Section 483 BNSS for regular bail – Defence contended that recovery of body was planted, CCTV footage inconclusive, and motive unp...

Criminal Law – Framing of Charges – Prima Facie Case – Charges framed against appellant for serious offences arising out of 1984 anti-Sikh riots including murder and conspiracy – Appellant sought discharge claiming statements of key witnesses (PW-1, PW-2, PW-10) were delayed by over 20 years and unreliable – Held: At the stage of framing charges, court need not evalua...