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 – Dowry Death – Section 304B IPC – Conviction based solely on dying declaration – Deceased sustained 85–90% burn injuries – Doctor admitted no written certificate issued regarding fitness of deceased to give statement – Evidence discloses administration of painkillers, sedatives, analgesics and IV fluids – Hospital case sheet and treatme...

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 – Recall of Witness – Section 348 BNSS (Section 311 Cr.P.C.) – Investigating Officer recalled to prove disclosure statements and connected documents – Trial Court found that certain material documents relating to ownership of vehicle, lease deed of hospital and inspection report were not put to PW-4 during examination-in-chief – Held: Power under Section ...

Domestic Violence Act – Amendment of Complaint – Scope and Permissibility – Wife sought amendment under Order VI Rule 17 CPC to incorporate details of shared household and consequential prayer under Section 19 DV Act – Trial Court allowed amendment to enable leading of evidence pursuant to earlier order granting liberty – Appellate Court set aside amendment holding di...

Negotiable Instruments Act – Dishonour of Cheque – Appeal against Acquittal – Trial Court convicted accused under Section 138 NI Act and awarded 2 years’ RI with compensation – Appellate Court reversed conviction holding complainant failed to prove financial capacity and doubted issuance of cheque – High Court held reasoning of appellate court flimsy and based o...

Criminal Law – Appeal against Acquittal – Limited Scope of Interference – Trial Court acquitted accused of offence under Section 3(1)(x) SC/ST Act – High Court held that judgment was well-reasoned, based on appreciation of evidence and not perverse or illegal – In absence of perversity or patent illegality, no interference warranted in appeal against acquittal –...

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...

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...

Criminal Law – Section 183 BNSS – Re-recording of Statement – Victim sought mandamus for re-recording of her statement alleging it was not correctly recorded and not read over – Held: Section 183 BNSS (pari materia to Section 164 CrPC) contemplates recording of statement ordinarily only once with strict procedural safeguards – No statutory mandate for multiple recordi...