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 - Dowry Harassment – Appeal Against Conviction under Section 498-A IPC – Reversed – The appellant, mother-in-law of the deceased, was convicted under Section 498-A IPC while co-accused (father-in-law and brother-in-law) were acquitted – Held: Conviction based solely on vague and uncorroborated testimony of interested witnesses (mother and brother of deceased) w...

Criminal Revision – Maintainability Without Surrender – Permissible – Petitioner convicted under Section 420 IPC and sentenced to 3 years RI challenged concurrent findings of guilt without surrendering – Held: In absence of specific High Court Rule mandating surrender, revision petition and application for suspension of sentence are maintainable even if convict has not surr...

Criminal Law – Quashing of FIR – Section 420 IPC – Prima Facie Allegations Established – Petition Dismissed – Petitioner, formerly Credit Manager with a finance company, challenged FIR alleging fraudulent loan sanction for a slum property – FIR detailed petitioner’s active role in approval process, despite knowing that loan violated internal norms – ...

Criminal Law – Quashing - Income Tax – Section 276C(1) of the IT Act – Complaint quashed – Settlement Commission granted immunity from penalty but not prosecution due to pendency of criminal proceedings – Held: In absence of wilful concealment and considering that the Settlement Commission accepted disclosure without suppression, prosecution cannot be sustained &ndash...

Bail – SC/ST Act – Deprived Scheduled Caste Accused – Applicability of Act in Question - Appellant sought bail contending he also belonged to Scheduled Caste and was not individually attributed with caste-based insult – Held: Appellant belongs to Khatik caste (notified as Deprived Scheduled Caste), and no specific role or caste abuse attributed to him – Applicability ...

Criminal Law - Bail Cancellation – Sections 143, 147, 148, 120(B), 201, 302 Of IPC - Threat to Witnesses – Interference with Trial – Bail Cancelled – The prosecution sought cancellation of bail on grounds that Accused No.9 threatened PW.10 (approver), PW.30, and PW.40 – The Court accepted that there was prima facie evidence of threats, based on call records, witness e...

Quashing - Criminal Complaint – Section 18(a)(i), 17B, and 27(d) of the Drugs and Cosmetics Act  - Conflicting Drug Test Reports – Section 482 Cr.P.C. – Complaint Quashed – The Petitioners, including a pharmaceutical company and its directors, challenged the continuation of prosecution on the basis of a Government Analyst's report (CIPL, Ghaziabad) declaring their ...

NDPS Act – Confiscation of Vehicle – Death of Accused – Trial Abated – Confiscation Not Sustainable – Vehicle seized in connection with possession of opium – Accused died during trial and proceedings abated – Held: Since trial never took place and there was no conviction, acquittal, or discharge, confiscation under Section 60(3) read with Section 63 NDPS A...

PIL - Constitutional Validity – Section 193(9) BNSS and Default Bail under Section 187(3) – Provision Upheld – Challenge rejected to Section 193(9) BNSS, 2023 as arbitrary and violative of Article 21 – Held: Provision allows further investigation post charge-sheet with court permission; safeguards including 90-day limit and judicial oversight provided – No violation o...

Criminal Law - Preventive Relief – Quashing of Notice - Section 160 Cr.P.C. – Political Vendetta Allegation – Petitions Dismissed - Petitioners sought protection from arrest and quashing of notices issued under Section 160 Cr.P.C. in relation to FIRs involving NDPS and Prevention of Corruption Act alleging political harassment after dissociating from ruling party – Held: As...