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 Ex-Parte Maintenance Order Under Section 144 BNSS Must Be Challenged Before Family Court First, Direct Revision Not Maintainable: Allahabad High Court Occupant Cannot Be Denied Electricity Merely Because Decree-Holder Demands Disconnection Pending Eviction: Andhra Pradesh High Court

"CRIMINAL LAW" Digest

Criminal Law – Rape and Murder of Minor Girls – Conviction Based on Circumstantial Evidence – Appellant convicted under Sections 302, 376, 363 IPC and Sections 4 and 6 POCSO Act – Prosecution case based primarily on testimonies of three child witnesses and alleged confessional statement leading to recovery – High Court found material contradictions in testimonies of P...

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 ...

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 –...

Constitution of India – Article 21 – Right to Life and Personal Dignity – Rights of Prisoners – Confinement and Rehabilitation – Held: Prisons are not spaces where constitutional values cease to operate. The guarantee of life and personal dignity under Article 21 extends beyond prison gates, obliging the State to ensure incarceration does not degenerate into inhumanit...

Criminal Law – Murder – Conviction under Section 302 read with Section 34 IPC – Double homicide – Four eye-witnesses consistently deposed that accused armed with deadly weapons assaulted deceased Bulaki Mandal and Hriday Mandal till death – Minor inconsistencies immaterial – Motive established from prior altercation over grazing of crops – Concurrent findi...

Criminal Law – Murder – Conviction Confirmed – Accused Nos.1 and 2 convicted under Section 302 read with Section 34 IPC for inflicting multiple sword blows on vital parts of deceased – Ocular evidence of wife (PW-2) corroborated by independent witness (PW-5) regarding chase with blood-stained swords – Medical evidence established homicidal death due to penetrating che...

Criminal Law – Quashing of FIR – Civil dispute dressed as criminal offence – Joint Venture Agreement (JVA) for property development – Allegations of false representation, non-refund of security deposit, suppression of litigation and forged document – Court must examine FIR along with admitted documents to assess whether cognizable offence made out – Where disput...

Criminal Law – Murder – Unlawful Assembly – Section 302 read with Section 149 IPC – Dismissal of Appeals – Accused persons convicted for murder of deceased by brutally assaulting him with swords and guptis resulting in multiple incised, stab and chop injuries – Prosecution relied on eyewitness testimony, extra-judicial confession, recovery of blood-stained weapo...

Preventive Detention – Goonda Act – Live and Proximate Link – Detention order passed on 30.08.2025 relying on criminal cases registered between 2019 and 2024 – Last crime dated 15.03.2024 – Gap of more than 16 months between last offence and detention order – Held: Absence of live and proximate link between past conduct and imperative need for detention – ...

Criminal Law – Suspension of Sentence – Post-Conviction Bail under Section 389 Cr.P.C. – Appellant convicted for conspiracy, fabrication of evidence and culpable homicide not amounting to murder in case relating to assault and custodial death of father of minor rape victim – Maximum sentence of 10 years rigorous imprisonment awarded, sentences directed to run concurrently &...